Storick v. CFG LLC

Summary

The Delaware Supreme Court affirmed the Superior Court’s judgment permitting CFG LLC to enforce a confessed judgment against Scott Storick and release garnished wages held in escrow. The Court held that Storick waived challenges to execution of the Delaware judgment and to the statutory limitation on multiple wage attachments by failing to object or raise those arguments timely. The Court also concluded that the appeal lacked merit and affirmed on grounds different from those relied upon by the Superior Court.

Holdings

1. Storick waived his right to challenge execution of the Delaware judgment in Delaware because he received notice of the execution hearing, failed to appear or object, and offered no explanation for that failure.
2. Storick waived his claim that his MetLife wages could not be subject to more than one attachment under 10 Del. C. § 4913(b) because he failed to raise the claim before the Superior Court in a timely manner.
3. The Delaware Supreme Court may affirm the Superior Court's judgment on grounds different from those relied upon below when the record supports affirmance; here, the judgment was affirmed based on Storick's waiver.

Questions Presented

1. Whether Florida's head-of-family wage exemption barred attachment in Delaware of Storick's wages to enforce a Delaware judgment.
2. Whether Storick waived his challenge to execution of the Delaware judgment by failing to object or appear at the noticed execution hearing.
3. Whether Storick waived his claim that 10 Del. C. § 4913(b) limited attachment of his wages to one attachment.
4. Whether the Superior Court's judgment should be affirmed on grounds different from those relied upon by the Superior Court.

Disposition

affirmed