Delaware Code Title 10 Sec. 9524 – Service of summons; verification for default judgment
(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.
Terms Used In Delaware Code Title 10 Sec. 9524
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Infant: means a person who has not reached the age of 18 years. See Delaware Code Title 1 Sec. 302
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Service of process: The service of writs or summonses to the appropriate party.
- Summons: Another word for subpoena used by the criminal justice system.
(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.
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;