Judgment on attachment; sale and distribution; suit for deficiency; return of surplus; title under sale.

Del. Code tit. 25, § 2728
in effect
Sign in to generate a plain English summaryAsk Belisarius Agent
If the attachment has not been dissolved, as provided in this subchapter, judgment may be given for the plaintiff in the attachment at the second term after issuing the writ as in other cases of attachment, and thereupon the Court may order that the sheriff shall sell the property attached, on due notice, and pay the proceeds, deducting legal costs and charges, to auditors for distribution. Any balance remaining due from the defendant in the attachment to any of the parties after such distribution of the proceeds may be collected as other debts, and any surplus after paying costs shall be returned to the defendant or the defendant’s executors, administrators or assigns. All sales made under this subchapter shall be good against the defendant, the defendant’s executors, administrators or assigns.
Source: DE Code (Official Site)URL: https://delcode.delaware.gov/title25/c027/sc02/index.htmlFetched: 10/4/2026

Starting a business in Delaware? Delaware LLC guide: costs and requirements