Execution Writ for Payment of Money

(a) In General. If a final order be for the payment of money, it may contain, in addition to other methods of enforcement of the order, an order for the issuance of writs of execution substantially in the form and with the same effect as those used in the Superior Court. Such writs shall be directed to and executed by the sheriff of the county as other like writs are executed and shall be returned to the Court of Chancery as directed in the order thereof. (b) Proceedings Supplementary to Judgment or Execution. In aid of the judgment or execution, the judgment creditor or the judgment creditor’s successor in interest when that interest appears of record, may examine any person, including the person against whom a judgment has been entered, in the manner provided in these Rules for taking depositions. Rule 70. Judgment for Specific Acts; Vesting Title; Contempt (a) Performance by Substitute and Other Methods of Procuring Compliance. If a judgment directs a party to execute a conveyance of land or to deliver deeds or other documents or to perform any other specific act and the party fails to comply within the time specified, the Court may direct the act to be done at the cost of the disobedient party by some other person appointed by the Court and the act when so done has like effect as if done by the party. On application of the party entitled to performance, the Register shall issue a writ of attachment or sequestration against the property of the disobedient party to compel obedience to the judgment. The Court may also in proper cases adjudge the party in contempt. If real or personal property is within the jurisdiction of the Court, the Court in lieu of directing a conveyance thereof may enter a judgment divesting the title of any party and vesting it in others and such judgment has the effect of a conveyance executed in due form of law. When any order or judgment is for the delivery of possession, the party in whose favor it is entered is entitled to a writ of execution or assistance upon application to the Register in Chancery. The provisions of this paragraph shall not be construed to replace any statutory authority granted this Court to compel performance by a substitute. Remedies (b) Contempt for and Other Disobedience of Court Order. For failure to obey a restraining or injunctive order, or to obey or to perform any order, an attachment may be ordered by the Court upon the filing in the cause of an affidavit showing service on the defendant, or that the defendant has knowledge of the order and setting forth the facts constituting the disobedience. At the hearing of the attachment, the examination of the defendant and also of witnesses shall be oral before the Court, unless it be otherwise ordered by the Court. In other proceedings taken in the name of the State to punish contempt, the attachment may be ordered upon the filing of an affidavit setting forth the facts the contempt and constituting proceedings shall be as set forth in the preceding paragraph of this rule. thereupon the Rule 71. Process on Behalf of and Against Persons Not Parties When an order is made in favor of a person who is not a party to the action, that person may enforce obedience to the order by the same process as if that person were a party, and, when obedience to an order may be lawfully enforced against a person who is not a party, that person is liable to the same process for enforcing obedience to the order as if that person were a party.