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Del. Code tit. 6, § 2506D

Stay or vacation of execution of judgments, attachments, and garnishments

Known as the Delaware Servicemembers Civil Relief Act

The act spans §§ 6–6 (13 sections).

79 Del

(a) Court action upon material affect determination. — If a servicemember, in the opinion of the court, is materially affected by reason of military service in complying with a court judgment or order, the court may on its own motion and shall on application by the servicemember:

(1) Stay the execution of any judgment or order entered against the servicemember; and

(2) Vacate or stay an attachment or garnishment of property, money, or debts in the possession of the servicemember or a third party, whether before or after judgment.

(b) Applicability. — This section applies to an action or proceeding commenced in a court against a servicemember before or during the period of the servicemember’s military service or within 90 days after such service terminates.

Official source: Delaware Code Online. Reproduced from public-domain Delaware statutes; confirm against the official source for the current text. Not legal advice.