DE Judgment Collection

How to Collect Your Judgment in Delaware

You already won. Here's how to actually get paid — debtor's exam, wage garnishment, bank levies, and property liens, with the exact Delaware forms and deadlines.

5 years (renewable)

Judgment good for

5% over the Federal Reserve discount rate (including any surcharge) as of the time the interest is due, or the contract rate if lower

Interest accrues at

Restricted

Wage garnishment

10 yrs

Property lien

Delaware restricts wage garnishment for consumer debts

Delaware's 15% cap is more debtor-protective than the federal 25%. Bank-account garnishment is NOT available (see gotchas).

Your collection options in Delaware

Work them roughly in this order — find the assets first, then go after them.

Find the money — debtor's asset exam

Compels the debtor to disclose, under oath, where they bank, work, and what they own — the information every other step depends on.

Delaware JP Court does not publicize a standard 'debtor examination' form on its self-help judgment page; asset discovery is primarily through the garnishment/levy answer process. A formal post-judgment examination procedure was not confirmed from an official source.

Garnish wages

Not available in DE Form Civil Form No. 17 (Garnishment / wage attachment, JP Court)

Delaware's 15% cap is more debtor-protective than the federal 25%. Bank-account garnishment is NOT available (see gotchas).

Filed with: Filed in the court that entered the judgment (Justice of the Peace Court for debts under $25,000); the request is sent to the debtor's employer, who must answer within 20 days

Levy the bank account

Not available in DE

Freezes and pulls non-exempt funds straight from the debtor's bank account.

Delaware bars garnishment/attachment of bank, trust, savings, and loan-association accounts for ordinary judgments under 12 Del. C. 3502(b) (the only exception being a wage attachment against an employee of that same institution, and tax judgments). Creditors must instead use wage attachment (Form 17) or a property levy (Form 16).

Lien their real estate

Attaches to property the debtor owns for 10 years — you get paid when they sell or refinance. The cheap, passive backstop.

File a certified transcript of the JP Court judgment with the Superior Court Prothonotary to create a lien on the debtor's real estate in that county (10 Del. C. 4711).

Court fee: Superior Court Prothonotary transcript/recording fee (varies); JP Court charges a fee to issue the certified transcript

The fine print that matters in Delaware

How long your judgment lasts

Justice of the Peace Court money judgments are valid for 5 years and may be revived by filing Civil Form No. 15A (Application to Revive a Judgment) with the required fee. Judgment LIENS on real property (created by transcribing the judgment to Superior Court) last 10 years from entry and may be renewed/continued before expiration or revived afterward by scire facias (10 Del. C. 4711, 4715).

Interest while you wait

6 Del. C. 2301 sets the legal/judgment rate at 5% above the Federal Reserve discount rate (including surcharge). The Delaware courts publish guidance on calculating post-judgment interest on the unpaid balance.

What the debtor can protect (exemptions)

85% of wages exempt (only 15% attachable, 10 Del. C. 4913). Bank deposits are entirely protected from attachment for ordinary debts (12 Del. C. 3502(b)). Personal-property exemptions under 10 Del. C. 4902/4903. Tax judgments override these exemptions.

Delaware gotchas

TWO major debtor protections: (1) Delaware BANS bank-account garnishment for ordinary judgments under 12 Del. C. 3502(b) - creditors cannot levy a debtor's bank account; the practical tools are wage attachment (15% max) and personal-property levy. (2) Wage garnishment is capped at 15% (85% exempt), not the federal 25%, and only ONE wage attachment may run at a time. JP Court judgments expire in just 5 years (revive via Form 15A); the real-property lien lasts 10 years.

Let us prepare your Delaware collection paperwork

We prepare your Delaware-specific enforcement forms — debtor's exam, garnishment, levy, or lien — plus a plain-English playbook telling you exactly where to file and what each step costs. You file them; we never charge a cut of what you collect.

$299

flat — plus the court/sheriff's own filing fees, paid directly

Collection firms take 33–50% of what they recover. On a $4,000 judgment that's $1,300–$2,000. Our flat fee keeps the rest in your pocket.

Delaware Judgment Collection FAQ

How long do I have to collect a judgment in Delaware?

A Delaware judgment is enforceable for 5 years, and can be renewed before it expires. Justice of the Peace Court money judgments are valid for 5 years and may be revived by filing Civil Form No. 15A (Application to Revive a Judgment) with the required fee. Judgment LIENS on real property (created by transcribing the judgment to Superior Court) last 10 years from entry and may be renewed/continued before expiration or revived afterward by scire facias (10 Del. C. 4711, 4715).

Can I garnish the debtor's wages in Delaware?

Delaware bars or heavily restricts wage garnishment for ordinary consumer debts. Delaware's 15% cap is more debtor-protective than the federal 25%. Bank-account garnishment is NOT available (see gotchas).

How do I find out where the debtor banks or works?

Post-judgment discovery lets you compel the debtor to disclose their assets. Delaware JP Court does not publicize a standard 'debtor examination' form on its self-help judgment page; asset discovery is primarily through the garnishment/levy answer process. A formal post-judgment examination procedure was not confirmed from an official source.

Can I put a lien on the debtor's house in Delaware?

File a certified transcript of the JP Court judgment with the Superior Court Prothonotary to create a lien on the debtor's real estate in that county (10 Del. C. 4711). The lien lasts 10 years.

What does it cost to collect, and what do you charge?

You pay the court and sheriff their own filing/levy fees directly (usually modest, and recoverable from the debtor). Our Judgment Collection service is a flat $299 — we prepare your Delaware-specific enforcement forms and a step-by-step filing playbook; you file them. Compared with collection firms that take 33–50% of what they recover, that's hundreds to thousands less on a typical judgment.

What if the debtor genuinely has no money?

Some debtors are "judgment-proof" — no job, no bank account, no equity — and no tool can squeeze money that isn't there. The honest play is the debtor's exam to confirm what exists, then keep the judgment alive (it lasts 5 years and is renewable) and try again when their situation changes. We give you the tools, not a guaranteed payout.

Collecting a judgment by county in Delaware

Where you file your garnishment or levy depends on the counties.

Official Delaware sources

This page is general information about collecting a money judgment in Delaware, not legal advice. Forms, fees, and procedures change and vary by court — confirm the current requirements with the court that entered your judgment before filing.

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