Rule 69.Execution writ for payment of money: Transcription to Superior Court
Ch. VIII: Provisional and Final Remedies and Special Proceedings · Last amended 2020 · Current through June 1, 2026 · Last verified September 9, 2026
Full Text of Rule 69
Amendment History
Delaware prints each rule’s amendment history as a single “Credits” line naming every order that adopted or amended it. It is reproduced verbatim below.
[Amended effective November 1, 2020.]
Plain-English Summary
Recording the judgment. Where a final judgment or order is entered for the payment of a specific amount of past due money, it may contain a provision permitting the judgment to be recorded in the Superior Court for collection, if a statute permits. That is the practical division of labour: the Family Court decides what is owed, and the machinery for collecting against property lives in the Superior Court.
Nothing is given up. Recording the judgment there does not preclude other remedies in the Family Court. A party who takes the collection route keeps contempt and the rest of Rule 70 available.
Finding the money. In aid of the judgment or execution, the judgment creditor — or a successor in interest whose interest appears of record in the Superior Court — may examine any person, including the person the judgment is against, in the manner these rules provide for taking depositions. And nothing in the rule limits the rights or remedies the creditor may have in the Superior Court.
Discovery is itself a step in enforcement. A judgment for arrears is only as good as the ability to collect it, and knowing what the debtor has is where collection starts.
Frequently Asked Questions
How do I collect a money judgment from the Delaware Family Court?
A final judgment or order for a specific amount of past due money may contain a provision permitting it to be recorded as a judgment in the Superior Court for collection, if permitted by statute.
Do I lose my Family Court remedies if I record the judgment?
No. Recording the judgment or order in the Superior Court does not preclude other remedies in the Family Court.
Can I find out what the other side owns?
Yes. In aid of the judgment or execution, the judgment creditor or a successor in interest may examine any person, including the person against whom the judgment was entered, in the manner these rules provide for taking depositions.