HOUSE BILL NO. 525
AS AMENDED BY HOUSE AMENDMENT NO. 1
AN ACT TO AMEND CHAPTER 95, TULE 10, DELAWARE CODE RELATING TO SERVICE OF PROCESS AND DEFAULT JUDGMENTS iN JUSTICE OF THE PEACE COURT CIVIL ACTIONS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE SIATE OF DELAWARE
Section 1. Amend subsection (b), Section 9524, Chapter 95, Title 10, Delaware Code by striking said subsection (b) in its entirety and inserting In lieu thereof a rc4 subsection (b) to read as follows:
"(b) The service and the manre, of service shall be sti.:A in the return thus, "served personally" by the Justice of the Peace Constable cc "sewed by leaving a copy at the defendant's dwelling house or usual plate 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 mall, return receipt recJcitei", and a judgment by default shall not be rendered until the service shall be verified by (i) the Cohstable'S affidavit In writing. or (2) the certified mall return receipt sig,id by the defendant, or by some person of suitable age and discletic.n. as agent fo. t'..e defendant, or with the word "unclaimed" or "refused" noted the,Ech by the postal
Section 2. Amend Subsection (a), Section 9318, 95. Title 10, Delaware Code by
striking the period at the end of sa'd Suie.:(1,:rn 3) dni Inserting In lieu thereof the
provided ho4e,e, the a deFe-di-i, Mly, w".hin 30 days after a judgment by default, apply to ha.e tre judgme, it SerV'.:e was made by Certified mall,
return receipt requested. anJ the Le t:r1t; • I xis returned uiclaimed."
Approved July 19, 1988