(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.
Structure Delaware Code
Title 10 - Courts and Judicial Procedure
Subchapter II. Civil Actions for Debt
§ 9522. Issuance and requirements of summons.
§ 9524. Service of summons; verification for default judgment.
§ 9525. Deposit for cost; representation of an artificial entity.
§ 9528. Requirement of special bail for certain adjournments.
§ 9529. Discharge of special bail.
§ 9530. Proceedings against special bail; scire facias.
§ 9531. Depositions of nonresidents.
§ 9533. Failure to appear; penalty.
§ 9534. Form of attachment for contempt.
§ 9535. Form of distress warrant.
§ 9536. Setoff or counterclaim.
§ 9537. Failure of defendant to appear; adjournment or judgment by default.
§ 9538. Application to vacate default judgment.
§ 9539. Failure of plaintiff to appear; adjournment or dismissal.
§ 9540. Entry of judgment; endorsement on cause of action.
§ 9542. Judgments against executor or administrator.
§ 9543. Setting aside judgment on warrant of attorney.
§ 9544. Six months stay of execution.
§ 9545. Nine months stay of execution; security.
§ 9546. Transfer of judgment to Superior Court docket after stay of execution.
§ 9548. Form of execution process.
§ 9549. Garnishees; time for appearance; pleadings.
§ 9550. Proceeding by garnishee charging collusion.
§ 9551. Appeal from proceeding by garnishee.
§ 9552. Time of binding of goods and chattels by execution; duration of lien.
§ 9554. Sale of goods levied upon; advertisement.
§ 9556. Duty of constable or sheriff upon receipt of execution; return of execution.
§ 9557. Venditioni exponas; issuance; requirements; effect.
§ 9558. Form of venditioni exponas.
§ 9560. Failure to pay over proceeds from execution.
§ 9561. Failure on return to produce receipt of proceeds.
§ 9562. Necessity of judgment and execution docket.
§ 9566. Entry of judgment satisfaction by justice.
§ 9567. Entry of judgment satisfaction by creditor or execution officer.
§ 9569. Transfer of judgment to Superior Court; lien on real estate.
§ 9571. Appeal in civil actions.
§ 9572. Proceedings on appeal.
§ 9573. Execution upon striking of appeal.
§ 9574. Abatement and dismissal.
§ 9576. Remedy against deceased surety; assignment of creditor's remedies to surety.
§ 9578. Survival of actions; parties.
§ 9579. Issuance, service and return of writ; proceedings.
§ 9580. Endorsement and docketing; assignment of judgment.
§ 9582. Proceeding by attachment.
§ 9583. Issuance of writ; affidavit.
§ 9584. Form of writ; form of Garnishee's Notice of Service.
§ 9585. Goods and chattels subject to attachment; notice; judgment; creditors.
§ 9586. Service on garnishee; compelling attendance.
§ 9587. Process to compel appearance of garnishee.
§ 9588. Garnishment proceedings.
§ 9589. Dissolution of attachment.
§ 9590. Delivery of goods to constable; defense of garnishee; liability of constable.