§ 9524 — Service of summons; verification for default judgment

Delaware § 9524

• Jurisdiction: Delaware
• Title: 10
• Part: Justices of the Peace
• Ch. 95: PROCEDURE
• Subch.: Civil Actions for Debt

Text

(a) Service of a summons in an action under this subchapter upon an individual other than an infant or an incompetent person, shall be made by delivering a copy of the summons, with accompanying papers, if any, to the individual personally or by leaving a copy thereof together with the accompanying papers, if any, at the individual’s dwelling house or usual place of abode in the presence of some person of suitable age and discretion residing therein, or by sending a copy of the summons with accompanying papers, if any, to the individual by certified mail, return receipt requested, or by delivering copies thereof to an agent authorized by his or her appointment or by law, to receive service of process, at least 4 days before the day of appearance, unless it be returnable “forthwith,” but service, by leaving a copy, shall not be made of any warrant returnable forthwith, nor in respect to any defendant who has not at the time a fixed place of abode in the county.

(b) The service and the manner of service shall be stated in the return thus, “served personally” by the justice of the peace constable or duly authorized special process server or “served by leaving a copy at the defendant’s dwelling house or usual place of abode in the presence of A.B., a person of suitable age and discretion residing therein,” with the date of such service, or “served by certified mail, return receipt requested,” and a judgment by default shall not be rendered until the service shall be verified by:

(1) The constable’s verification in writing in a form acceptable to the Court;

(2) The special process server’s affidavit in writing; or

(3) The certified mail return receipt signed by the defendant, or by some person of suitable age and discretion, as agent for the defendant; or

(4) If the certified mail return receipt is returned marked “unclaimed”, or “refused”, or with some other indication of failed service, the court shall send a copy of the complaint and summons to the defendant by first class mail to the address provided by the plaintiff. In addition, at the discretion of the presiding judge, the court constable may attempt to confirm that the address provided is that of the defendant and, if confirmed, will attempt personal service. In the event the constable is directed to confirm the address and does so, but is unable to effect personal service, the constable will affix the complaint and summons to the entrance of the dwelling, and note such method of service on the return. In the event of an application for a default judgment after such service, the Court may proceed pursuant to § 9537 of this title whether personal service is completed or not.

Legislative History

Code 1852, §§ 2066, 2067; Code 1915, § 4008; Code 1935, § 4494; 10 Del. C. 1953, § 9524; 56 Del. Laws, c. 223, § 1 ; 59 Del. Laws, c. 540, § 3 ; 66 Del. Laws, c. 415, § 1 ; 70 Del. Laws, c. 186, § 1 ; 70 Del. Laws, c. 232, § 3 ; 76 Del. Laws, c. 27, § 1 ; 76 Del. Laws, c. 238, §§ 1, 2