Delaware Code

10 Del. C. § 5031 (2026)

Execution attachment

✓ current as of May 2026

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The plaintiff in any judgment in a court of record, or any person for such plaintiff lawfully authorized, may cause an attachment, as well as any other execution, to be issued thereon, containing an order for the summoning of garnishees, to be proceeded upon and returned as in cases of foreign attachment. The attachment, condemnation, or judgment thereon, shall be pleadable in bar by the garnishee in any action against the garnishee at the suit of the defendant in the attachment. Goods which are perishable, or will create a charge by keeping, may be sold on the order of a judge as in cases of foreign attachment.

Code 1852, § 2472; Code 1915, § 4388; Code 1935, § 4846; 10 Del. C. 1953, § 5031; 70 Del. Laws, c. 186, § 1;

Notes of Decisions

Cited in 9 cases (2 in the last 5 years), 1973–2023 · leading case: Crystallex Int'l Corp. v. Bolivarian Repub. De Venezuela (In Re De Venezuela), 932 F.3d 126 (3rd Cir. 2019).

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Crystallex Int'l Corp. v. Bolivarian Repub. De Venezuela (In Re De Venezuela), 932 F.3d 126 (3rd Cir. 2019). “" Delaware law permits a judgment creditor to obtain a writ of attachment (known by its Latin name, fieri facias , or simply fi .”

Crystallex Int'l Corp. v. Bolivarian Repub. of Venez., 333 F. Supp. 3d 380 (D. Del. 2018). “, as set out in 10 Del. C. § 5031 : The plaintiff in any judgment in a court of record, or any person for such plaintiff lawfully authorized, may cause an attachment, as well as any other execution, to be issued thereon, containing an order for the summoning of garnishees, to be…”

OI Eur. Grp. BV v. Bolivarian Repub. of Venezuela, 73 F.4th 157 (3rd Cir. 2023). “The Delaware District Court also “incorporate[d] by reference its analysis of the legal standards governing the issuance of writs of attachment (including its discussion of Federal Rule of Civil Procedure 69(a)(1) and 10 Del. C. § 5031) with respect to property of an agency or…”

Comput. Sciences Corp. v. SCI-TEK, Inc., 367 A.2d 658 (Del. Super. Ct. 1976). “2d 208 (1974); 10 Del.C. § 5031. Property which may be attached in Delaware includes “Goods, chattels, rights, credits, moneys, effects, lands and tenements .”

John Julian Constr. Co. v. Monarch Builders, Inc., 306 A.2d 29 (Del. Super. Ct. 1973). “10 Del.C. § 5031; 2 Wooley on Delaware Practice, § 990, p.”

Household Fin. Corp. v. Johnson, 346 A.2d 177 (Del. Super. Ct. 1975). “§§ 3501-13, and stresses the dichotomy between the mesne attachment of Chapter 35 and the execution attachment authorized in 10 Del.C. § 5031. Therefore, it argues, 5 Del.”

White v. Preferred Inv. Servs., Inc. (Del. Super. Ct. 2019). “2 10 Del. C. § 5031. Execution Attachment: The plaintiff in any judgment in a court of record, or any person for such plaintiff lawfully authorized, may cause an attachment, as Well as any other execution, to be issued thereon, containing an order for the summoning of…”

Werth v. Top Bail Sur., Inc. (Del. Super. Ct. 2022). “”” Attachment through garnishment allows a judgment creditor to “make the debt of damages recovered by the judgment out of the defendant’s property not in his legal \8 1S Choice asserts Donahue is not an employee, therefore “1*' Choice cannot garnish these amounts pursuant to…”

T&H Bail Bonds, Inc. (Del. Super. Ct. 2015). “10 A writ of Attachment Fieri Facias is governed by 10 Del. C. §5031. 27 The purpose of this writ is to execute upon a defendant's property which is not in his physical possession, but in that of another.”

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