Delaware Code

10 Del. C. § 4913 (2026)

Exemption and attachment of wages

✓ current as of May 2026

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(a) Eighty-five percent of the amount of the wages for labor or service of any person residing within the State shall be exempt from mesne attachment process and execution attachment process under the laws of this State; but such limitation shall be inapplicable to process issued for the collection of a fine or costs or taxes due and owing the State.

(b) On any amount of wages due, only 1 attachment may be made. Any creditor causing such attachment to be made shall have the benefit of priority until the judgment with costs for which the attachment was made has been paid in full.

(c) Wages shall include salaries, commissions and every other form of remuneration paid to an employee by an employer for labor or services, but shall not include payment made for services rendered by a person who is self-employed.

Code 1915, § 4331A; 40 Del. Laws, c. 244; Code 1935, § 4804; 41 Del. Laws, c. 211; 48 Del. Laws, c. 263, § 1; 10 Del. C. 1953, § 4913; 49 Del. Laws, c. 237; 54 Del. Laws, c. 226; 57 Del. Laws, c. 508, § 3; 59 Del. Laws, c. 352, § 1; 60 Del. Laws, c. 618, § 1; 70 Del. Laws, c. 186, § 1;

Notes of Decisions

Cited in 10 cases (2 in the last 5 years), 1967–2022 · leading case: Household Fin. Corp. v. Johnson, 346 A.2d 177 (Del. Super. Ct. 1975).

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Household Fin. Corp. v. Johnson, 346 A.2d 177 (Del. Super. Ct. 1975). · cites it 2× “10 Del.C. § 4913(a) clearly deals with both pre and post-judgment attachment wages and provides in pertinent part: “ .”

Pauley Petroleum, Inc. v. Cont'l Oil Co., 235 A.2d 284 (Del. 1967). “00 for each party to be summonsed as garnishee (except as to garnishment governed by the-terms of 10 Del.C. § 4913) and said sum shall be delivered to each garnishee when the summons is served; the return on the writ of garnishment will show the garnishee fee paid, which will be…”

Cooper's Home Furnishings, Inc. v. Lolley, 270 A.2d 676 (Del. Super. Ct. 1970). · cites it 2× “00 for each party to be summonsed as garnishee (except as to garnishment governed by the terms of 10 Del.C. § 4913) and said sum shall be delivered to each garnishee when the summons is served; the return on the writ of garnishment will show the garnishee fee paid, which will be…”

Delaware Trust Co. v. Hare, 386 A.2d 1167 (Del. Super. Ct. 1978). · cites it 3× “10 Del.C. § 4913 is not the only statutory provision dealing with garnishment.”

Bowers v. Cooper's Home Furnishings Co., 255 A.2d 884 (Del. 1969). “10 Del.C. § 4913, which permits in New Castle County an attachment of ten per cent of a debtor’s wages for “food, provisions and articles used in the home, commonly designated as the necessaries of life, and to taxes owing to the State of Delaware.”

Werth v. Top Bail Sur., Inc. (Del. Super. Ct. 2022). · cites it 3× “” 10 Del. C. § 4913(a). As noted, the purpose of this statute is to protect a debtor and a debtor’s family from the obvious burden associated with a forced reduction in the amount of take home pay available to a wage earner.”

Storick v. CFG LLC (Del. 2015). · cites it 4× “Storick does not argue 12 This section provides that an attachment or execution to enforce an order for child support, medical support, or unallocated alimony and child support entered under Title 13 is not subject to the exemptions or limitations set forth in 10 Del. C. § 4913.…”

Wirth v. Top Bail Sur., Inc. (Del. Super. Ct. 2021). “3 On February 26, 2020, 1st Choice responded to the writ and claimed that Donahue is not subject to wage attachment because, pursuant to 10 Del. C. § 4913(c), Donahue is not an employee and is, instead, an independent contractor who pays 1st Choice for using its name.”

Storick v. CFG LLC (Bankr. S.D. Florida 2020). “11 did not apply, the attachment of his wages by CFG was improper pursuant to 10 Del. C. § 4913. A little over one year later, on July 29, 2014, the Delaware Trial Court entered a lengthy memorandum opinion (the “Delaware Opinion”) denying reconsideration of the Delaware Order.”

G. A. C. Fin. Corp. v. Shaver, 271 A.2d 43 (Del. Super. Ct. 1970). “The attachment was made under 10 Del.C. § 4913, which permits in New Castle County an attachment of ten per cent of a debtor’s wages for “food, provisions and articles used in the home, commonly designated as the necessaries of life ‡ * * ” The .”

— 10 Del. C. § 4913(a) — 3 cases

Household Fin. Corp. v. Johnson, 346 A.2d 177 (Del. Super. Ct. 1975). “10 Del.C. § 4913(a) clearly deals with both pre and post-judgment attachment wages and provides in pertinent part: “ .”

Cooper's Home Furnishings, Inc. v. Lolley, 270 A.2d 676 (Del. Super. Ct. 1970). “00 for each party to be summonsed as garnishee (except as to garnishment governed by the terms of 10 Del.C. § 4913) and said sum shall be delivered to each garnishee when the summons is served; the return on the writ of garnishment will show the garnishee fee paid, which will be…”

Werth v. Top Bail Sur., Inc. (Del. Super. Ct. 2022). “” 10 Del. C. § 4913(a). As noted, the purpose of this statute is to protect a debtor and a debtor’s family from the obvious burden associated with a forced reduction in the amount of take home pay available to a wage earner.”

— 10 Del. C. § 4913(b) — 3 cases

Household Fin. Corp. v. Johnson, 346 A.2d 177 (Del. Super. Ct. 1975). “10 Del.C. § 4913(a) clearly deals with both pre and post-judgment attachment wages and provides in pertinent part: “ .”

Storick v. CFG LLC (Del. 2015). “Storick does not argue 12 This section provides that an attachment or execution to enforce an order for child support, medical support, or unallocated alimony and child support entered under Title 13 is not subject to the exemptions or limitations set forth in 10 Del. C. § 4913.…”

Delaware Trust Co. v. Hare, 386 A.2d 1167 (Del. Super. Ct. 1978). “10 Del.C. § 4913 is not the only statutory provision dealing with garnishment.”

— 10 Del. C. § 4913(c) — 2 cases

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