Del. Code tit. 10 § 9523

Current through 2024 Legislative Session Act Chapter 510
Section 9523 - Form of summons

The summons in an action under this subchapter shall be of the following

form:

" ........ County, ss. The State of Delaware.

"TO ANY CONSTABLE OF SAID COUNTY OR OTHER DULY APPOINTED

PROCESS SERVER:

"We command you to summon ........, the defendant(s), and serve upon said

defendant(s) a copy of this summons and complaint.

"TO THE DEFENDANT(S):

"Within 15 days after you receive this summons, excluding the day you

receive it, you must complete and return to the Justice of the Peace Court,

..... (address), the enclosed answer (or other such filing) if you deny owing

all or part of the money claimed as a debt against you by the plaintiff in the

complaint.

"Failure to file an answer, or other written document related to this

claim, with the Justice of the Peace Court may result in a default judgment

being entered against you and action may be taken by the plaintiff, such as

the attachment of your wages or the attachment and sale of your property, to

satisfy the judgment.

"DATED: __________________ __________________________

"Justice of the Peace/Clerk"

"Justice of the Peace/Clerk"

10 Del. C. § 9523

Code 1852, §§ 2064, 2065; 21 Del. Laws, c. 302; 24 Del. Laws, c. 241; 27 Del. Laws, c. 278; Code 1915, § 4006; Code 1935, § 4492; 10 Del. C. 1953, § 9523; 69 Del. Laws, c. 429, §5.;