How to File a Satisfaction of Judgment in Delaware

Collecting the full judgment amount isn't the last step. Under Delaware law, you're legally required to tell the court you've been paid — and there's a real financial penalty if you don't.

This catches many creditors off guard. After months of chasing the debtor through garnishment writs and constable levies, the last thing on your mind is more paperwork. But skipping the satisfaction filing can cost you up to half the judgment you just collected.

The 90-Day Rule Under 10 Del. C. § 9567

Once you receive full payment on a judgment, Delaware law gives you 90 calendar days to file a formal Satisfaction of Judgment with the court. The 90-day filing period begins when you receive full payment, whether it came through a wage garnishment, a constable sale, or a direct payment from the debtor.

The Penalty for Missing It

If you don't record satisfaction within that 90-day window, 10 Del. C. § 9567(b) gives the debtor the right to sue you for civil damages of up to 50% of the original judgment amount.

On a $5,000 judgment, that's a potential $2,500 liability — not because you did anything aggressive during collection, but because you failed to file a one-page document after you were paid.

This is the most common statutory trap for unrepresented judgment creditors in Delaware. People who spent weeks learning how to file Form 16 and Form 17 don't realize there's one more form on the other end of the process.

Where to File

JP Court: File the satisfaction with the civil clerk at the Justice of the Peace Court where your case was heard. This closes the judgment on the JP Court docket.

Superior Court (if applicable): If you transferred the judgment to the Superior Court Prothonotary to create a real estate lien under 10 Del. C. § 9569, you must also file a satisfaction entry there. The Prothonotary charges $25 for recording the satisfaction. Without it, the lien stays on the debtor's property title even though the debt is paid — which creates problems for the debtor when selling or refinancing and gives them additional grounds for a § 9567 claim.

What Counts as Full Payment

Full payment means the entire judgment balance has been received: the principal, all court costs that were awarded, and all post-judgment interest that accrued under 6 Del. C. § 2301(a). If you settled for a reduced amount through a written agreement with the debtor, the satisfaction should reflect the settlement terms.

Partial payments don't trigger the satisfaction requirement. You only need to file when the judgment is fully satisfied. But keep careful records of every partial payment — the satisfaction filing will need to reflect that the full balance was received.

Protecting Yourself

The simplest protection is a calendar reminder. The day you receive the last payment, mark 90 days out and plan to file satisfaction well before that date. Filing early costs nothing extra and eliminates the risk entirely.

Keep payment records organized — bank statements, garnishment remittance receipts, or the debtor's cancelled checks. If there's ever a dispute about whether full payment was made, those records are your evidence that the satisfaction filing was timely.

The Delaware Judgment Collection Guide includes the satisfaction workflow and a balance tracking ledger that shows exactly when the judgment is fully satisfied, so you know the moment the 90-day clock starts.

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