AN ACT TO AMEND §9524, TITLE 10, DELAWARE CODE, RELATING TO THE SERVICE OF SUMMONS AND VERIFICATION OF SERVICE FOR DEFAULT JUDGMENT, AND TO AMEND §9302, TITLE 10, DELAWARE CODE, RELATING TO VENUE OF JUSTICES OF THE PEACE IN CIVIL ACTIONS.
Be it enacted by the General Assembly of the State of Delaware:
Section 1. §9524, Title 10, Delaware Code, is amended by striking said section in its entirety and inserting in lieu thereof a new section to read as follows :
§ 9524. Service of summons; verification for default judgment
A summons in an action under this subchapter upon an individual other than an infant or an incompetent person, shall be served, by delivering a copy of the summons, with accompanying papers, if any, to him or her personally or by leaving a copy thereof together with the accompanying papers, if any, at his or her dwelling house or usual place of abode in the presence of some person of suitable age and discretion residing therein or by delivering copies thereof to an agent authorized by appointment of by law to receive service of process, at least four 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.
The service and the manner of service shall be stated in the return thus, "served personally," "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 ; and a judgment by default shall not be rendered until this service shall be verified by the constable's affidavit in writing.
by striking said section in its entirety and inserting in lieu thereof a new section to read as follows:
§ 9302. Venue of Justices of the Peace
(a) A civil action commenced by summons may be brought or maintained before any Justice against any resident or nonresident without regard to the county in which such resident resides or the county in which such non-resident may be served.
(b) If the defendant cannot be served with process in the county in which the suit is brought, the writ of summons may be forwarded to a constable in another county for service and the return of the process shall be made to the Justice who issued the summons.
(c) Process of execution may be directed to any constable or sheriff within this State and return thereof shall be made to the Justice of the Peace issuing the process, without regard to where the constable or sheriff resides or serves.
Approved January 2, 1968.