2019 Delaware Code
Title 6 - Commerce and Trade
Chapter 25D. Delaware Servicemembers Civil Relief Act
§ 2506D Stay or vacation of execution of judgments, attachments, and garnishments.

Universal Citation: 6 DE Code § 2506D (2019)

(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.

79 Del. Laws, c. 359, § 1.

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