(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.
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.