Delaware Code

10 Del. C. § 3504 (2026)

Unincorporated association subject to attachment and garnishment

✓ current as of May 2026
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(a) A writ of attachment may be issued in any action brought against any unincorporated association of persons, including a partnership, by using its common name. Service of process of such attachment may be made on any officer, director, manager, agent or employee of such unincorporated association, or on any agent authorized by law to accept service of process.

(b) Any sheriff, constable or other officer, executing any writ of attachment under the provisions of this section may attach the lands and tenements, goods and chattels, rights and credits, and moneys and effects of the defendant association and may also attach the lands and tenements, goods and chattels, rights and credits, and moneys and effects of any or all of the individuals composing such association in the same manner as if they had been made parties defendant by their individual names.

26 Del. Laws, c. 267, §§  1-5;  Code 1915, §  4121;  30 Del. Laws, c. 227;  Code 1935, §  4609;  10 Del. C. 1953, §  3504;  52 Del. Laws, c. 34159 Del. Laws, c. 104, §  1
Notes of Decisions
Cited in 1 case, 2002–2002 · leading case: In Re Valley Media, Inc., 279 B.R. 105 (Bankr. D. Del. 2002).
In Re Valley Media, Inc., 279 B.R. 105 (Bankr. D. Del. 2002). “§ 3904), and is subject to writs of attachment to enforce judgments (10 Del.C. § 3504). 46 . Fed. R. Bank. P. 7017 makes Fed.”
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