2026 Guide Delaware

How to Collect a Judgment in Delaware (2026)

You won your case — now get paid. This guide covers every enforcement tool available in Delaware: wage garnishment, bank levies, and property liens.

10 yrs

Judgment valid

Annual interest

15%

Wage garnishment

None

Homestead exempt

LegalCostCalculator Editorial Team Data sourced from official government websites · Last reviewed: May 2026

Step-by-Step: Collecting Your Judgment in Delaware

Wait for voluntary payment (and let interest accrue)

After the court enters judgment, give the debtor 30 days to pay voluntarily. Many debtors pay to avoid further enforcement action. Meanwhile, your judgment earns 5% interest per year — a modest but growing amount. Keep a record of the judgment amount and date entered.

Find the debtor's assets

You cannot collect from a debtor whose assets you cannot find. Use these tools: (1) Debtor's examination — ask the court to order the debtor to appear and answer questions about their finances. (2) Interrogatories — written questions the debtor must answer under oath. (3) Public records — check county property records, business registrations, and vehicle registrations. (4) A licensed process server or skip-tracer can often locate employment and banking information.

Get a Writ of Execution

Return to the Justice of the Peace Court and request a Writ of Execution (sometimes called a Writ of Fi. Fa. or Execution Order). This document authorizes the county Sheriff or court officer to seize the debtor's non-exempt assets. There is usually a small fee to obtain the writ. Writs are typically valid for a limited time (60–180 days depending on Delaware rules), so act promptly.

Garnish the debtor's wages

Once you have the Writ of Execution, serve a Writ of Garnishment on the debtor's employer. In Delaware, the employer must withhold up to 15% of the debtor's disposable earnings each pay period and send it to the court or directly to you. Garnishment continues until the full judgment (including accrued interest) is satisfied or the employment ends. You may need to renew the writ periodically.

Levy the debtor's bank accounts

Serve the Writ of Execution on the debtor's bank or credit union (typically via the Sheriff). The bank must freeze the account and turn over funds up to the judgment amount — minus any applicable exemptions. In Delaware, certain funds may be protected (e.g., Social Security, disability payments, and sometimes recently deposited wages). A bank levy is a one-time action; if the account is empty, you may need to levy again later.

Record a judgment lien on real property

File a certified copy of the judgment (or a "Abstract of Judgment") with the county recorder or clerk of courts in every county where the debtor owns real property. This creates a judgment lien lasting 10 years. The debtor cannot sell, refinance, or transfer the property without first satisfying your judgment. Delaware has no homestead exemption, so all real property equity is reachable.

Renew the judgment before it expires

Your judgment is valid for 10 years in Delaware. Before it expires, file a motion to renew the judgment in the same court — this typically extends it for another 10 years. Do not wait until the last minute. A lapsed judgment cannot be enforced and may require a new lawsuit.

Need Help Collecting Your Judgment?

A collections attorney can often recover judgments faster using legal tools not available to self-represented parties. Many work on contingency.

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Delaware Judgment Collection — Key Facts

Judgment valid for	10 years (renewable)
Property lien duration	10 years
Post-judgment interest	5% per year
Wage garnishment	Up to 15% of disposable income
Bank account levy	Available
Homestead exemption	None
Vehicle exemption	$3,000

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Delaware note

Delaware limits wage garnishment to 15% of disposable income — more debtor-friendly than the federal 25% cap. There is NO homestead exemption, making all real property equity reachable via judgment lien. Post-judgment interest is only 5%.

Source: Delaware Courts ↗. Always verify current rules with the court clerk or a licensed attorney.

Already Filed? Delaware Small Claims Basics

If you haven't filed yet, here are the key figures for Delaware's Justice of the Peace Court.

$25,000

Max claim limit

$35–$100

Filing fee

Justice of the Peace Court

Court name

View full Delaware small claims filing guide →

Frequently Asked Questions

How do I collect a small claims judgment in Delaware?

To collect a judgment in Delaware: (1) wait 30 days for voluntary payment, (2) if unpaid, obtain a Writ of Execution from the Justice of the Peace Court, (3) use the Writ to garnish wages, levy bank accounts, or place a lien on real property. Your judgment earns 5% annual interest while unpaid. If you can't locate the debtor's assets, request a debtor's examination — the court can order the debtor to appear and disclose their finances.

Can I garnish wages to collect a judgment in Delaware?

Yes — in Delaware, you can garnish up to 15% of the debtor's disposable wages per pay period. Serve a Writ of Garnishment on the debtor's employer using the Writ of Execution from the court. The employer must withhold and remit the funds until the full judgment plus 5% annual interest is satisfied.

How long is a small claims judgment valid in Delaware?

A judgment in Delaware is valid for 10 years from the date it is entered. Before it expires, you can file a motion to renew it for another 10 years. If the judgment expires before you collect, it may be unenforceable — don't wait until the last minute to renew.

What is the post-judgment interest rate in Delaware?

The post-judgment interest rate in Delaware is 5% per year. Interest begins accruing from the date the judgment is entered and continues until the judgment is paid in full. This gives the debtor a financial incentive to pay promptly. When calculating the total amount owed, add accrued interest to the original judgment amount.

Can I place a lien on property in Delaware to collect a judgment?

Yes — you can record a judgment lien on the debtor's real property in Delaware by filing a certified copy of the judgment with the county recorder or clerk of courts. The lien lasts 10 years and prevents the debtor from selling or refinancing the property without paying your judgment. Delaware has no homestead exemption, so all property equity is reachable.

What assets are protected from judgment collection in Delaware?

In Delaware, the following assets are typically protected from judgment collection: homestead exemption varies, up to $3,000 in vehicle equity, Social Security and disability payments, certain retirement account funds, and tools and equipment needed for the debtor's occupation. Always consult a Delaware attorney or the court clerk to confirm current exemption amounts.