Del. Code tit. 10 § 9584
".......... . County, ss. The State of Delaware,
To any constable, greetings:
We command you to attach the goods and chattels, rights and credits
of ......... ., the debtor, in order to make good to ......... ., the plaintiff,
a cause of action wherein the sum of $ ...... . is demanded, and that you serve
any garnishee of the said debtor found in your bailiwick with 2 copies of this
writ, 2 copies of the Affidavit for Attachment filed by the plaintiff and a
Garnishee Notice of Service form; and you have then there this warrant, with
your doings hereon duly certified.
TO GARNISHEE: You are hereby ordered under penalty of contempt to hand deliver
forthwith to .......... ., the debtor, a copy of this writ and a copy of the
Affidavit for Attachment; and to return a completed copy of the Garnishee
Notice of Service form to the Court as soon as service upon the said debtor is
effectuated; and to withhold 15% of the said debtor's net earnings from the
debtor's next regularly scheduled paycheck only and to hold same until
released by order of the Court.
TO DEBTOR: 15% of your net wages from your next scheduled paycheck have been
attached for the reasons set forth in the Affidavit for Attachment. The
withholding of your wages shall be released by the Court if you: (1) Appear at
the Court at any time, Monday through Friday, from 8 a.m. to 4 p.m. before
final judgment and enter your appearance acknowledging that you will answer
the plaintiff's demand and satisfy any judgment rendered against you in such
suit; or (2) appear at the Court at any time, Monday through Friday, from 8
a.m. to 4 p.m., and contest the attachment, in which event the Court will
conduct an immediate ex parte post-deprivation hearing on the seizure of your
wages and shall dissolve the attachment if the Court determines that there no
longer exists a factual basis demonstrating the need for the writ; or (3)
appear for trial which is scheduled for the ..... . day of ........... ., 19 ..... .,
at ......... . a.m./p.m. at Court No ...... ., located at......... . You are
further advised that failure to appear for trial will result in a default
judgment being entered against you.
Witness my hand and seal this .... . day of ........... ., 19 .......
.....................
Justice of the Peace"
"Garnishee's Notice of Service
To: Clerk of the Court, Justice of the Peace
Court No ..........
Please be advised that I ......... ., garnishee in Civil Action No..... .,
wherein ......... . is plaintiff and ......... . is the debtor, do hereby
certify that a copy of the Writ of Attachment and a copy of the Affidavit for
Attachment were served upon the debtor at ......... . a.m./p.m. on
the ............ . day of........ ., 19..... . I further certify that 15% of
the debtor's next scheduled paycheck will be attached and held by the
garnishee until released by the Court.
.....................
For Garnishee"
Complete below only if applicable
Please be advised that I......... ., garnishee in Civil Action No..... .,
wherein......... . is the plaintiff and......... . is the debtor, do hereby
certify this... . day of......... ., 19.... ., that the said debtor is not an
employee of the garnishee and that, therefore, garnishee requests that the
garnishee be released from obligations under the Writ of Attachment and is
willing to appear to deny that there is anything of the debtor's in my hands
or possession if summoned by the Court for this or other purpose.
.....................
For Garnishee"
For Garnishee"
10 Del. C. § 9584