Delaware Release of Judgment Lien
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FAQ
Removing A Judgment from Your Record There are only three ways in which a judgment can be made to go away: paying the debt, vacating the judgment or discharging the debt through bankruptcy.
Judgments Judgments are presumed valid for 20 years Judgment Liens on Real Property expire 10 years after entry Judgment Liens can be: a) renewed prior to the 10 year lien expiration or b) revived after the expiration of 10 years unless the judgment debtor shows good cause as to why the lien should not be renewed.
A judgment in the Justice of the Peace Court is good for five years. Thereafter, court procedures may be used to attempt to collect a judgment only if the judgment is revived by scire facias. To revive a judgment by scire facias, the plaintiff should file a motion to revive the judgment.
To do so, you must file a Praecipe with the Court requesting a Writ of Attachment for a wage attachment, or Writ of Fi Fa to levy on goods and chattels. If you are seeking a wage attachment, under Federal and Delaware Law, a portion of the debtor's wages are exempt from the execution process.
A plaintiff seeking to vacate a non-suit judgment should explain why he or she failed to appear at the time scheduled. A motion to vacate a non-suit judgment should be filed within the following time: Summary Possession (Landlord/Tenant) Actions - within 10 days of the entry of the non-suit judgment.
