§ 9523 — Form of summons

The summons in an action under this subchapter shall be of the following form:

“________________________________ County, ss. The State of Delaware.

“TO ANY CONSTABLE OF SAID COUNTY OR OTHER DULY APPOINTED PROCESS SERVER:

“We command you to summon ________________________________, the defendant(s), and serve upon said defendant(s) a copy of this summons and complaint.

“TO THE DEFENDANT(S):

“Within 15 days after you receive this summons, excluding the day you receive it, you must complete and return to the Justice of the Peace Court, ________________________________ (address), the enclosed answer (or other such filing) if you deny owing all or part of the money claimed as a debt against you by the plaintiff in the complaint.

“Failure to file an answer, or other written document related to this claim, with the Justice of the Peace Court may result in a default judgment being entered against you and action may be taken by the plaintiff, such as the attachment of your wages or the attachment and sale of your property, to satisfy the judgment.

“DATED: ____________________________________________________________

“Justice of the Peace/Clerk”

________________

Legislative History

Code 1852, §§ 2064, 2065; 21 Del. Laws, c. 302 ; 24 Del. Laws, c. 241 ; 27 Del. Laws, c. 278 ; Code 1915, § 4006; Code 1935, § 4492; 10 Del. C. 1953, § 9523; 69 Del. Laws, c. 429, § 5