DE SB134 | 2019-2020 | 150th General Assembly
Status
Completed Legislative Action
Spectrum: Partisan Bill (Democrat 5-0)
Status: Passed on August 20 2019 - 100% progression
Action: 2019-08-20 - Signed by Governor
Text: Latest bill text (Draft #1) [HTML]
Spectrum: Partisan Bill (Democrat 5-0)
Status: Passed on August 20 2019 - 100% progression
Action: 2019-08-20 - Signed by Governor
Text: Latest bill text (Draft #1) [HTML]
Summary
Under current Delaware law, the county sheriffs offices are required to appraise goods that are being levied upon to pay debts. In addition, the sheriffs offices can be held liable to pay the debts of a judgment debtor if, for example, they inadvertently neglect to make a return on a writ of execution. The appraisal provisions in Title 10 of the Delaware Code addressed in this act are out-of-date and impractical to implement. On the subject of the liability of the sheriff's offices, it is a questionable policy to require the sheriffs office to pay the debt of a judgment debtor for an inadvertent mistake in handling the procedure to levy upon and sell the debtors property. This act repeals the appraisal provisions in Title 10 related to the sheriffs offices. It also repeals provisions imposing liability on the sheriffs office to pay debt obligations of debtors who fail to pay their bills, when the sheriffs office commits an error through neglect.
Title
An Act To Amend Title 10 Of The Delaware Code Related To Courts And Judicial Procedure.
Sponsors
Sen. Nicole Poore [D] | Rep. Kimberly Williams [D] | Sen. Bruce Ennis [D] | Sen. Stephanie Hansen [D] |
Sen. Jack Walsh [D] |
Roll Calls
2019-06-30 - House - House Third Reading (Y: 41 N: 0 NV: 0 Abs: 0) [PASS]
2019-06-19 - Senate - Senate Third Reading (Y: 19 N: 0 NV: 0 Abs: 2) [PASS]
2019-06-19 - Senate - Senate Third Reading (Y: 19 N: 0 NV: 0 Abs: 2) [PASS]
History
Date | Chamber | Action |
---|---|---|
2019-08-20 | Signed by Governor | |
2019-06-30 | Passed By House. Votes: 41 YES | |
2019-06-26 | Reported Out of Committee (Judiciary) in House with 1 Favorable, 5 On Its Merits | |
2019-06-20 | Assigned to Judiciary Committee in House | |
2019-06-19 | Passed By Senate. Votes: 19 YES 2 ABSENT | |
2019-06-19 | Reported Out of Committee (Judicial) in Senate with 3 On Its Merits | |
2019-06-04 | Introduced and Assigned to Judicial Committee in Senate |