Del. R. Civ. P. Super. Ct. Form 42

As amended through November 14, 2024

Form 42 - Attachment Fieri Facias (Wage Attachment)

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE

IN AND FOR ________ COUNTY

	Superior Court ________
	case number ________
Plaintiff(s),	Superior Court ________
	Judgment Docket Number __________
v.
	Superior Court
	Execution Number ______________
Defendant(s)

To the sheriff of ____________ county, you are commanded:

To serve this writ of attachment on ______________________________________

defendant's employer and address

to attach the wages, salaries, commissions or any other form of payment for labor or services belonging or owing to _____________________________________________

Defendant(s)

_____________________to satisfy a debt owed to the above named plaintiff(s) _________________________________________________________________________________

Note Defendant's Social Security Number

by the defendent(s) in the amount of _______________________according to the judgement

Debt Amount

of _________________________________, case number ____________

Judgment Court

To the defendant's employer:

If there is not an existing wage attachment, the Superior Court requires you to deduct a portion of defendant's wages, salaries, commissions or any other form of payment due or owing to the defendant [in accordance with the following statutes: 10 Del.C. § 4913 (a); 15 U.S.C. § 1673; 15 U.S.C. § 1677 and 29 U.S.C. § 206(a)(1) ] to__________________________________________________________________ __________________________________________________________________________________

Plaintiff's attorney and address

As the defendant's employer you are to begin the attachment and deductions immediately. You are to continue this attachment until the amounts that the defendant owes have been paid. You must respond to the Superior Court and to the plaintiff 's attorney within 20 days after service of this writ upon you, not counting the day that you received this writ. Your failure to respond and begin the attachment as commanded may result in a default judgment against you for the amounts the defendant owes as shown below.

The amounts the defendant(s) owes are:

Debt_________________

Interest at ________ % from ________

Costs_______________

Additional costs ______________________________________________________

Prothonotary filing & execution fees __________________________________

____________________

Prothonotary

Issued ______________.

____________________

per Deputy

Del. R. Civ. P. Super. Ct. Form 42