Sheriff's Office

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Responsibilities and Primary Functions

Service of Process

The Office of Sheriff provides service of process for writs issued by the Superior Court, Court of Common Pleas, Court of Chancery, Family Court and courts from other states and countries along with subpoenas issued by the Department of Justice, Department of Labor, and Industrial Accident Board. 

New Castle County Sheriff Seal

Out-of-State Writs


Required for Out-of-State service in New Castle County
  1. Praecipe (instruction letter)
          Who are we serving?
          Where are we serving it?
          When does it need to be served by?

   2. Plaintiff/Law Firm contact information(Name, Address,
        Phone #, Email Address)

   3. Documents to be served 

   4. Blank Affidavit of Service, if required by their State’s Court.

   5. Self-Addressed Postage Paid Return Envelope.

   6. Payment for service must be in Certified Funds or from Law
        Firm’s Account. (Money Order, Cashier’s Check)
        ***No personal checks*** 

   7. Send to NCC Sheriff’s Office, Attn. Out of State, 800 N. 
        French St. 5th Floor, Wilmington, DE 19801

  8. Fee - $75 (1 Defendant at 1 Address. $5 for each Defendant
       at the same address.)
       $150 (2 Defendants at 2 Different Address.)
       $225 (3 Defendants at 3 Different Address, etc…)
       $0.00 (Protection From Abuse Order - Domestic Only)
       $75, Summons to Appear for a Protection from Abuse
             Hearing (Not a PFA Order)

  Checks must be made payable to NCC Sheriff.

For information on papers sent to New Castle County from jurisdictions outside the state of Delaware call 302-395-8464.

*Real Estate Sheriff Sale Information*


Real Estate Auctions are held at 10 a.m. on the second Tuesday of each month in County Council Chambers on the ground floor of the Louis L. Redding City/County Building, 800 North French Street, Wilmington, DE 19801.

The auctions offer Real Estate that is being foreclosed upon due to nonpayment of mortgage or nonpayment of various local government taxes or judgments.

 ***Cash is not accepted for Sheriff Sales of Real Estate***
$5,000 deposit must be in the form of Cashiers Check/Certified Funds with the balance of the deposit to be paid by personal/business check.  No Starter Checks.

Sheriff sales are court ordered actions and as such must be free of distraction. Solicitation of business or services in the Council Chambers is prohibited. Failure to comply with the rules will result in your being asked to leave the premises.

Bidder Registration


All Bidders must register prior to the start of the New Castle County Sheriff Sale to be eligible to bid.

1st Time Attorneys and  All Pro Se must register to bid prior to the sale.  Please contact the Sheriff’s Office prior to the sale date to ensure you are properly registered.

Bidder Registration is held between 9:00 a.m. and 10:30 a.m. on the day of sale in the Council Chamber Work Shop located on the ground floor and to the right of the entrance to Council Chambers.
 
In order to receive a bidder number, you must sign a copy of the Auction Rules acknowledging the receipt of the rules and provide the information required on the Bidder Registration Form which is available during registration and on our webpage.
 
In order to register to bid, you must have:
  * a valid driver’s license (or government issued ID w/photo)
  * a $5,000.00 cashier’s check payable to NCC Sheriff
  * a personal/business checkbook with checks and proof you
     are eligible to sign the checks.  No starter checks. 

If you are registering as a Business or Organization you must have proof that you are associated with the entity. (ie...copy of business license, copy of LLC documents, Articles of Incorporation, etc...)

Bidder Requirement - Tax Sales


Pre-Qualification Requirement - Bidders who intend on bidding on a TAX sale property where the Terms of Sale list "Bidder Certificate Required" must obtain a Bidder Certificate from the government entity that filed the action and present proof of the Certificate to the Sheriff during the bidder registration process.  Bidders who provide the Bidder Certificate will receive a Tax Bidder Card during registration that identifies them as an eligible bidder on all tax sales brought by the government entity requiring the Bidder be certified.  Registered Bidders that did not obtain a Bidder Certificate and receive a Tax Bidder Card will not be permitted to bid on any properties brought by the government entity requiring the Bidder Certificate.  A Bidder Certificate is only required for Tax sales where it is stated in the Terms of Sale "Bidder Certificate Required".  To obtain a Bidder Certificate, Bidders must apply to the government entity bringing the sale prior to the sale.  The Sheriff will not issue a Tax Bidder Card to any Bidder who does not provide proof of the Bidder Certificate.  Question regarding Bidder Certificates should be directed to the Finance Department of the government entity that filed the action.  The Sheriff is not authorized to issue a Bidder Certificate. 
Unincorporated Areas (county) - Title 9 section 8726
Municipalities (cities/towns) - Title 22 section 113

Excess Proceeds


Lien holders and Homeowners are expected to contact the Office of the Sheriff to determine whether proceeds remain after the costs of the sale have been disbursed. If excess proceeds remain unclaimed and/or the rightful owner cannot be determined or located after 90 days, they will be disbursed to the Prothonotary of NCC for placement in escrow and listed on the Superior Court of New Castle County website.

Search for Owners of Unclaimed Sheriff's Sale Excess Proceeds at Project Rightful Owner Superior Court of Delaware (excess proceeds) www.rightfulowner.delaware.gov

Project Rightful Owner Petition Requirements
http://courts.delaware.gov/superior/rightfulowner/sale2.aspx

Foreclosure Prevention Help


Starting January 19, 2012, the Attorney General, together with other agencies and organizations, initiated a mandatory mortgage foreclosure mediation program to give homeowner's a voice in the foreclosure process.  FREE HELP is available through this program.

The Attorney General’s Office continues to work hard to bridge the gap of communication and resolutions between the servicers and homeowners who continue to struggle for help with retaining their mortgages. questions? call Mortgage Hotline 1-800-220-5424 or click Attorney Generals Office Site: Foreclosure Mediation Program

Delaware State Housing Authority (DSHA) for more information and activities on foreclosure help contact Delaware Emergency Mortgage Assistance Program (DEMAP) 

Delaware State Housing Authority and AG's Office Initiative
:
www.delawarehomeownerrelief.com

Delaware Community Reinvestment Action Council, Inc. (DCRAC)
New Castle County  For more information contact DCRAC (www.dcrac.org) or 877-825-0750 x100.

Auction of Personal / Business Property

(Goods &Chattels)
Held as needed throughtout the year at the property locations. Sales are held offering personal or business property levied upon for personal or business debt.

Contact Information
Deputy Line : To contact the Deputy who has left a message for service call
Phone: (302) 395-8454

General Information: For General Information and to check service results Monday - Friday 8AM to 4PM
Phone: (302) 395-8450

Out of State Writs: For information on documents sent to New Castle County from jurisdictions outside the State of Delaware Phone: (302) 395-8464

Goods and Chattels: For information on the auction of personal property
Phone: (302) 395-8466

Wage Attachments: For information on the service of documents related to wage attachments Phone: (302) 395-8466

Prisoner Information: The NCC Sheriff does not detain,  transport or house Prisoners.  Persons detained at the NCC Courthouse are in the custody of Capitol Police.   For information on persons detained by Capitol Police call
Phone: (302) 255-0043, Monday - Friday 9AM to 5PM.