Delaware Foreign Judgement Law
Judgments – Foreign Judgments – Delaware
“Foreign judgment” defined.
In this subchapter, the words “foreign judgment” shall mean any judgment, decree or order of a court of the United States or of any other court which is entitled to full faith and credit in this State. Title 10, Chap. 47, § 4781.
Filing and status of foreign judgments.
A copy of any foreign judgment authenticated in accordance with an act of Congress, or the statutes of this State, may be filed in the office of any Prothonotary of this State. The Prothonotary shall treat the foreign judgment in the same manner as a judgment of the Superior Court of this State. A judgment so filed has the same effect and is subject to the same procedures, defenses and proceedings for reopening, vacating or staying, as a judgment of the Superior Court of this State and may be enforced or satisfied in like manner. Title 10, Chap. 47, §4782.
Notice of filing.
(a) At the time of the filing of the foreign judgment, the judgment creditor or the creditor’s attorney shall make and file with the Prothonotary an affidavit setting forth the name and last-known post office address of the judgment debtor and the judgment creditor.
(b) Promptly upon the filing of the foreign judgment and the affidavit, the Prothonotary shall mail notice of the filing of the foreign judgment to the judgment debtor at the address given, and shall make a note of such mailing in the docket. The notice shall include the name and post office address of the judgment creditor and the judgment creditor’s attorney, if any, in this State. In addition, the judgment creditor may mail a notice of the filing of the judgment to the judgment debtor, and may file proof of such mailing with the Prothonotary. Lack of a mailing of the notice of filing by the Prothonotary shall not affect the enforcement proceedings, if proof of mailing by the judgment creditor has been filed.
(c) No execution, or other process for enforcement of a foreign judgment filed hereunder, shall issue until 20 days after the judgment is filed. Title 10, Chap. 47, § 4783.
(a) If the judgment debtor shows the court that an appeal from the foreign judgment is pending or will be taken, or that a stay of execution has been granted, the court shall stay enforcement of the foreign judgment until the appeal is concluded, the time for appeal expires, or the stay of execution expires or is vacated, upon proof that the judgment debtor has furnished security for the satisfaction of the judgment as required by the state in which it was rendered.
(b) If the judgment debtor shows the court any ground upon which enforcement of a judgment of the Superior Court of this State would be stayed, the court shall stay enforcement of the foreign judgment for an appropriate period, upon requiring the same security for satisfaction of the judgment which is required in this State. Title 10, Chap. 47, § 4784.
Any person filing a foreign judgment shall pay to the Prothonotary the same amount as is required for the filing of a civil action in the Superior Court of this State. Fees for docketing, transcription or other enforcement proceedings shall be as provided for judgments obtained in the Superior Court of this State. Title 10, Chap. 47, § 4785.
Right to enforce judgment unimpaired.
The right of a judgment creditor to bring an action to enforce a judgment, instead of proceeding under this subchapter, remains unimpaired. Title 10, Chap. 47, § 4786.
This subchapter may be cited as the Uniform Enforcement of Foreign Judgments Act. Title 10, Chap. 47, § 4787.