After a debt judgment in Delaware: garnishment, bank levy, exemptions
How a creditor collects after a judgment, what the law protects, and how to claim it in time.
Checked against official sources: Oct 24, 2026.
Short answer
After a judgment, the creditor can ask the court to take part of your pay or freeze your bank account, but some money is exempt (protected by law). Some property is exempt from levy: the family Bible, school books and family library, family pictures, clothing, and tools of your trade up to $75 (New Castle and Sussex) or $50 (Kent).
- How long it lasts
- 5 years
- Interest after the judgment
- See the rule
- Exemption form
- Official exemption form
Protecting exempt money in Delaware
Some property is exempt from levy: the family Bible, school books and family library, family pictures, clothing, and tools of your trade up to $75 (New Castle and Sussex) or $50 (Kent). A head of family may claim another $500 of personal property. If you believe a levy is excessive or takes exempt property, file an Application for Motion Hearing (Civil Form 11) with the court.
Law: 10 Del. C. §§ 4902, 4903, 4913
Count your deadline to claim an exemption
How long a judgment lasts in Delaware
- Interest after the judgment
For a judgment on a loan or credit agreement: 5% over the Federal Reserve discount rate, or the contract rate if that is lower, from the date of judgment.
- How long it lasts
A creditor can use court collection procedures (execution) for 5 years after the judgment. After that, the judgment must be revived by scire facias (in JP Court, Civil Form 15A, Application to Revive a Judgment, $20 fee) before it can be enforced again.
Law: 6 Del. C. § 2301(a); 10 Del. C. § 5072(a)
Bank levies in Delaware
The creditor files a garnishment (Civil Form 17) aimed at your bank or anyone else holding your property; the holder must answer the court. The creditor can also ask a constable to levy on and sell your personal property, or put a lien on your real estate. Delaware law has no fixed dollar amount protected in bank accounts.
Your bank must protect up to two months of Social Security, SSI, VA and some other federal benefits that were paid into your account by direct deposit. You don't have to ask.
Law: 31 CFR 212.5, 212.6
Your paycheck after a judgment in Delaware
85% of your wages are protected, so no more than 15% can be taken, and only one wage attachment can be in place at a time. The court also says that sometimes none of your wages can be garnished if your disposable income is below the legal limit.
Law: 10 Del. C. § 4913
These garnishment limits are from our sister site, which checks them against official sources: Debt Collector Map: Delaware
For an ordinary debt, a creditor can take at most 25% of your take-home pay, or the part above 30 times the federal minimum wage if that is less. Many states protect more.
Law: 15 U.S.C. 1673(a)
Steps to protect your money in Delaware
Watch for notices
Deadlines to claim exemptions can be days, not weeks. Read each notice the day it comes.
Gather proof
Benefit letters and bank statements show which money is exempt.
Ask the court to protect your money
Delaware's rule: Some property is exempt from levy: the family Bible, school books and family library, family pictures, clothing, and tools of your trade up to $75 (New Castle and Sussex) or $50 (Kent).
Go to the hearing
If the creditor objects, the judge decides at a hearing. Bring your proof.
Get help
Free help: Community Legal Aid Society, Inc. (free legal aid) and Delaware Courts: Legal Assistance.
Free help in Delaware
Questions about collection after a judgment in Delaware
What is the judgment interest rate in Delaware?
For a judgment on a loan or credit agreement: 5% over the Federal Reserve discount rate, or the contract rate if that is lower, from the date of judgment.
When does a judgment expire in Delaware?
A creditor can use court collection procedures (execution) for 5 years after the judgment. After that, the judgment must be revived by scire facias (in JP Court, Civil Form 15A, Application to Revive a Judgment, $20 fee) before it can be enforced again.
Can a creditor take my paycheck in Delaware?
85% of your wages are protected, so no more than 15% can be taken, and only one wage attachment can be in place at a time. The court also says that sometimes none of your wages can be garnished if your disposable income is below the legal limit.
What is a bank levy in Delaware?
The creditor files a garnishment (Civil Form 17) aimed at your bank or anyone else holding your property; the holder must answer the court. The creditor can also ask a constable to levy on and sell your personal property, or put a lien on your real estate. Delaware law has no fixed dollar amount protected in bank accounts.
How do I protect exempt money in Delaware?
Some property is exempt from levy: the family Bible, school books and family library, family pictures, clothing, and tools of your trade up to $75 (New Castle and Sussex) or $50 (Kent). A head of family may claim another $500 of personal property. If you believe a levy is excessive or takes exempt property, file an Application for Motion Hearing (Civil Form 11) with the court.
More for Delaware
Sources
- 10 Del. C. §§ 4902, 4903, 4913
- Delaware Courts: How to Respond to a Complaint (JP Court)
- Delaware Courts: How to Start a Civil Claim (JP Court)
- Delaware Courts: Default Judgments (JP Court)
- Delaware Courts: Post-Judgment Procedures (JP Court)
- Delaware Courts: JP Court Fees
- Justice of the Peace Court Civil Rules
- JP Court Civil Rule 60 (as amended)
- JP Civil Form No. 07, Defendant's Answer to the Complaint
- 6 Del. C. ch. 23 (legal rate of interest)
- 10 Del. C. ch. 49, subch. I (exemptions; wage attachment)
- 10 Del. C. ch. 49, subch. XII (scire facias on judgments)
- 10 Del. C. ch. 93 (JP Court jurisdiction)
- 10 Del. C. ch. 13, subch. III (Court of Common Pleas jurisdiction)
Last checked: Oct 24, 2026.