Plaintiff(s): The person, company or other entity filing a complaint against another person, company or other entity.
Defendant(s): The person, company or other entity that the case is filed against.
Judgment Creditor(s): The person, company or other entity who should receive the money as ordered by the Court.
Judgment Debtor(s): The person, company or other entity who owes the money as ordered by the Court.
What is a Constable?
A constable is a peace officer employed by the State of Delaware though the Justice of the Peace Court. A constable conducts civil services for the Court including but not limited to serving summonses and subpoenas, executing writs of possession (evictions), and other civil judgments such as wage and property garnishments, replevins, distress for rent, levies of property and constable sales. As peace officers, constables may arrest with or without warrant for violators of the State of Delaware penal laws.
What is a Constable Sale?
After a creditor/plaintiff has filed a levy of property in order to satisfy a debt owed for a civil judgment against a debtor/defendant, the creditor may request that a sale of property levied upon be conducted by the Court in order to satisfy the judgment. The sale is then conducted by the constable, at the property location where the public, including the creditor may bid for the purchase of the property. The amount acquired at the time of sale is then used to help satisfy the judgment.
When and Where Constable Sales Are Held
Refer to the Constable Sale Listing for the exact date, time and location of each sale. Generally, Constable Sales are scheduled as follows:
- New Castle County sales are scheduled for every Thursday of the month.
- Kent County sales are scheduled for every Wednesday of the month.
- Sussex County sales are scheduled for every Tuesday of the month.
- Court Constable Sales are "cash deals" only.
- Any financing must be arranged prior to the auction. Being pre-approved is not sufficient.
- Upon completion of the sale the winning bidder is expected to pay "cash" for the full amount of the winning bid.
- Properties and goods are sold sight unseen, as is; there is no "walk-through", examination of working conditions, or appraisal for the properties or goods and chattels before or after the sale.
Winning Bidder Responsibilities
- All sales are FINAL and are non-refundable.
- You may have to evict occupants at your own expense.
- You must remove all property immediately at the end of sale.
Automobiles—Motor Vehicles/Mobile Homes:
- Sold "as is where is."
- Purchaser is responsible for insuring motor vehicles per 21 Del. C., Section 2118.
- Purchaser is responsible for removing the mobile home/motor vehicle at the time of sale regardless of conditions or make arrangements with the owner of the property on which the mobile home/vehicle is located.
- Court Orders for obtaining title will be available five business days from the date of sale.
- Constable will issue a Bill of Sale at the time of sale showing legal ownership.
- Purchaser is responsible for titling the mobile home/motor vehicle per 21 Del. C. Chapters 21-25.
The Constable Sales are available below in PDF format and are downloadable for your use. You can also contact the appropriate court for more information. All constable sales are buyer beware. You are urged to review the Auction Guidelines above and the Frequently Asked Questions (FAQs) section.