Delaware Property Levy After a Judgment: How Constable Execution Works

When a judgment debtor in Delaware won't pay and wage garnishment isn't an option — maybe they're self-employed, unemployed, or another creditor already has a garnishment in place — a personal property levy is your next tool. You file a form, pay a fee, and a court constable physically goes to the debtor's location to seize property that can be sold to satisfy your judgment.

Filing the Levy: Form 16

JP Civil Form No. 16 (Levy of Personal Property) is the execution request. You'll need the debtor's physical address where property is likely located — a home address, business location, or storage facility. File the form with the JP Court clerk along with the $30 execution fee.

The clerk confirms the judgment is final and issues the writ. A court constable is assigned to carry out the levy.

What the Constable Does

The constable goes to the address you provided, locates tangible personal property belonging to the debtor, inventories what's found, and appraises it. The constable must ensure the levy isn't excessive — meaning they can't seize far more property than needed to cover the judgment balance plus accrued interest and costs.

If the debtor believes the constable seized too much, they can file a motion for judicial review using JP Civil Form 11.

Property the Constable Can't Touch

Under 10 Del. C. §§ 4902–4903, certain property is exempt from levy:

• The family Bible, school books, and family library
• Family photographs and church pew seats
• Wearing apparel for the debtor and their family
• Tools, implements, and fixtures used in the debtor's trade or business — but only up to $75 in value
• Sewing machines used by seamstresses or private families

If the debtor is the head of a household, 10 Del. C. § 4903 gives them an additional $500 exemption on personal property of their choosing. The debtor selects which items the $500 protects.

These exemptions are modest by national standards. The $75 trade tools cap and $500 head-of-family exemption haven't kept pace with inflation, but they're still the law.

Levying a Vehicle

Cars and trucks are technically personal property, but levying a vehicle adds an extra step. You must first obtain a Certificate of Lien from the Delaware Division of Motor Vehicles confirming the debtor holds title and disclosing any recorded security interests (like a car loan). Attach this certificate to Form 16 before the constable will attempt the vehicle levy.

If the vehicle has an existing loan that exceeds or approaches its market value, a levy is pointless — the lender's security interest takes priority and the constable sale proceeds would go to the lender first.

When the Debtor Refuses Entry

If the debtor refuses entry to the constable to make a levy, the court will notify you and ask whether you want a show-cause hearing. The debtor may be required to explain why they should not be held in contempt for failing to permit entry. Under 10 Del. C. § 9506, a party who disobeys a court order or refuses to assist execution may be subject to civil contempt proceedings; the court decides whether those proceedings are warranted.

The Constable Sale

If property is successfully seized and the debtor doesn't pay within the allowed time, you request a constable sale (venditioni exponas) and pay an additional $20 fee. The constable advertises the sale publicly and auctions the seized goods. After the sale, the constable sends the proceeds to the Court for distribution.

Constable sales of household goods rarely yield much. Electronics depreciate fast, furniture has low resale value, and prospective buyers at constable auctions expect steep discounts. A levy works best when the debtor owns something with clear market value — a vehicle without a lien, commercial equipment, or inventory.

When a Levy Fails

If the constable finds no property to seize, the $30 execution fee produces no recovery. If the debtor could not be located or you want the constable to try again later, you can file an alias execution request and pay the $20 alias fee. The Delaware Judgment Collection Guide includes a decision flowchart for choosing between garnishment, levy, and lien based on what you know about the debtor's assets.

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