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.
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.
Real Property subject to Sheriff Sale is advertised in The News Journal and Newark Post or New Castle Weekly or Middletown Transcript in addition to posting a copy of the sale poster at a public location in the County Hundreds and on the subject property.
***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.
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 Prequalification Requirement for Certain Tax Sales
Bidders must prequalify if required by the Terms of Sale included on the public notice. During bidder registration, the bidder must complete Part 1 of the Bid-Purchase Prequalification Application. This application is available here and will be available at bidder registration. If Part 1 is properly signed and dated, the Sheriff will approve Part 1 and it will serve as the bidder’s Prequalification Certificate. The Sheriff will also issue a Tax Bidder Card for the bidder to display during the auction that indicates the bidder has been prequalified to place bids on property brought to sale by the government entity requiring the prequalification. The bidder should retain the Part 1/Prequalification Certificate to submit to the Sheriff upon winning a bid.
Registered bidders that do not secure a Tax Bidder Card will not be permitted to bid on any properties brought by the government entity requiring prequalification but may bid on other properties.
The winning bidder of a property that requires bidder prequalification must report to the Sheriff’s Payment Table immediately upon winning a bid. The winner bidder must submit: (1) the approved Part 1 and a completed and signed Part 2 of the Bid-Purchase Prequalification Application; (2) 100% of the bid amount; and (3) the $50 prequalification application fee. Failure to submit any of the required items may result in the property immediately going back to the Auctioneer and made available to other bidders.
Any property that requires bidder prequalification also requires prequalification of the assignee prior to assignment of the bid. The Assignment Prequalification Application is available here. An Assignment Prequalification Application must be submitted 10 business days prior to the sale’s confirmation.
Certain tax-exempt organizations engaged in providing affordable housing may be exempt from these requirements. These organizations may present proof of a Status Certificate. The Status Application is available here.
Questions regarding the prequalification requirements should be directed to the Finance Department of the government entity that brought the sale (Plaintiff).
The Sheriff is not authorized to waive the prequalification requirements.
Please see the following code provisions for the prequalification legal requirements.
New Castle County unincorporated areas: 9 Del. C. § 8726; New Castle County Code § 14.13.001-14.13.005.
Municipalities (cities/towns): 22 Del. C. § 113.
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
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:
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.
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.