2017 Delaware Code
Title 19 - Labor
CHAPTER 33. UNEMPLOYMENT COMPENSATION
Subchapter III Employer's Coverage and Assessments
§ 3361. Special procedure to obtain judgment; notice and lien of judgment; judicial review.
(a) As an additional or alternative remedy the Department may issue, under its seal and the hand of the Secretary of Labor of the State, to the prothonotary of the Superior Court in and for any county of this State a certificate that any employer is indebted under this chapter in an amount which shall be stated in such certificate. Thereupon the prothonotary to whom such certificate has been issued shall immediately enter upon the record of docketed judgments the name of such employer, the name of the Department, the amount of the debt so certified, a brief description of the employer's liability under this chapter and the date of making such entries. The making of such entries shall have the same force and effect in all respects as the entries of docketed judgment in the office of such prothonotary, and the Department shall have all the remedies and may take all the proceedings for the collection of the debt which could be had or taken upon a judgment in an action of law upon debt or contract.
(b) Such debt, from the time of the docketing thereof, shall be a lien on and bind the lands, tenements and hereditaments of the debtor. Promptly upon the entry of the debt as a judgment the prothonotary shall send by registered letter to the debtor, at the debtor's last known address within this State, notice of the entry of the judgment together with the amount thereof.
(c) Within 10 days from the date of the notice, the debtor may file a petition in the Superior Court to review the legality or validity of the indebtedness, and upon the filing of the petition all proceedings on such judgment shall be stayed until the final determination of the cause. Such review shall be limited to the correct amount of such indebtedness or the correct identity of the debtors.
41 Del. Laws, c. 258, § 14; 43 Del. Laws, c. 280, § 20; 44 Del. Laws, c. 208, § 6; 19 Del. C. 1953, § 3361; 57 Del. Laws, c. 669, §§ 5B, 5I; 70 Del. Laws, c. 186, § 1.;
