§ 9538 — Application to vacate default judgment

(a) A defendant may, within 15 days after the day of giving a judgment by default, apply to the court to vacate the judgment, and let the parties into a trial, provided however that a defendant may, within 30 days after a judgment by default, apply to have the judgment vacated, if service was made by certified mail, return receipt requested, and the certified mail was returned unclaimed.

(b) The plaintiff, or the plaintiff’s agent, if in the county, shall have notice of the defendant’s application, and of the time set for hearing it.

(c) If, upon the hearing, the justice is satisfied that there ought to be a trial, and that the defendant was not guilty of wilful negligence in letting judgment go against the defendant by default, the application shall be granted, and a day appointed for the trial, whereof the plaintiff, or the plaintiff’s agent, shall have notice.

(d) The notice may in either case, be given and proved by the constable.

Legislative History

Code 1852, § 2082; Code 1915, § 4011; Code 1935, § 4497; 10 Del. C. 1953, § 9542; 66 Del. Laws, c. 415, § 2 ; 69 Del. Laws, c. 429, § 7 ; 70 Del. Laws, c. 186, § 1