Delaware Code Title 10 Sec. 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”
________________
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;
Terms Used In Delaware Code Title 10 Sec. 9523
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Plaintiff: The person who files the complaint in a civil lawsuit.
- State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
- Summons: Another word for subpoena used by the criminal justice system.