Delaware General Assembly


CHAPTER 366

LIENS OF JUDGMENTS

AN ACT PRESCRIBING THE PROCEDURE THAT MUST BE FOLLOWED BEFORE A JUDGMENT OBTAINED IN A FEDERAL COURT BECOMES A LIEN UPON REAL PROPERTY IN THE STATE OF DELAWARE.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

Section 1. That Chapter 132 of the Revised Code of Delaware, 1935, as amended, be and the same is hereby further amended by inserting after 4773. Sec. 20 of Article 1 thereof a new Code Section to be designated 4773A. Sec. 20A. as follows:

4773A. Sec. 20A. Transcripts of judgments or decrees rendered in the District Court of the United States or in any other Federal Court of competent jurisdiction within the State of Delaware shall be filed and docketed in the office of the Prothonotary of each County of the State of Delaware other than the County in which such judgment or decree was rendered and when so filed and docketed (and only when so filed and docketed) such judgments or decrees shall have the same force and effect as a lien as judgments or decrees rendered and docketed in Superior Court of the State of Delaware in any County of the State.

When transcripts of any judgments or decrees of any Federal Court in this State have been filed and docketed as aforesaid then said judgments or decrees shall be liens on the real estate of the judgment debtor within the County in which such judgment or decree has been filed and docketed as aforesaid in the same manner and to the same extent and under the same conditions as if such judgments or decrees had been rendered in the Superior Court of any County of the State of Delaware.

The Prothonotary of each County upon being presented with a transcript of a judgment or decree rendered in any Federal Court within the State of Delaware, and upon receiving a fee of one dollar, shall immediately file such transcript, and docket and index the judgment in the same manner as prescribed by law for the docketing and indexing of judgments rendered in the Superior Court of the State of Delaware.

Approved June 30, 1949.