CHAPTER 233
Of Attachments.
AN ACT IN RELATION TO THE PAYMENT OF MONEY UPON ORDER OR BY ATTACHMENT WHERE INTEREST AT A GREATER RATE THAN SIX PER CENTUM PER ANNUM HAS BEEN CHARGED.
Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:
Section 1. That from and after the approval of this Act, it shall be unlawful for any employer in this State to knowingly pay any warrant or order issued by any employee against his or her salary and intended to be in payment or part payment of any indebtedness due any person, firm or corporation for borrowed money in cases where a greater rate of interest than six per cent, per annum has been received or charged for such borrowed per cent money.
Section 2. That whenever any employer, whether individual, firm, or corporation, shall be summoned as garnishee of any employee at the suit of any person, firm or corporation in an action to recover from such employee borrowed money or interest thereon, and the employee claims that a greater rate of interest than six per centum per annum has been charged the employee shall plead such fact in lieu of an answer by the garnishee, whereupon a trial shall be had to determine whether or not such excessive rate of interest had been charged and if upon such trial it shall be determined that a greater rate of interest than six per cent per annum had, been charged upon such borrowed money, the garnishee shall be discharged.
Section 3. Any employer whether an individual, member of a firm, agent or agents, officer or officers of a corporation, who shall knowingly do contrary to the provisions of this Act shall be deemed guilty of a misdemeanor and upon conviction shall be fined in a sum not less than one hundred dollars nor more than five hundred dollars, and in the default of payment of such fine, together with the costs, may be imprisoned for a term not exceeding six months at the discretion of the court.
Approved April 15, A. D. 1909.