25 Del. C. ch. 57 § 5712

Default judgment

In Force
Verified 10/21/2026 · Next check 10/28/2026
effective 10/21/2026DelawareSummary Process

Operative Text

25 Del. C. ch. 57 § 5712
(a) No judgment for the plaintiff shall be entered unless the court is satisfied, upon competent proof, that the defendant has received actual notice of the proceeding or, having abandoned the rental unit, cannot be found within the jurisdiction of the court after the exercise of reasonable diligence. Posting and first-class mail, as evidenced by a certificate of mailing, is acceptable as actual notice for the purposes of a default judgment.

(b) A party may, within 10 days of the entry of a default judgment or a nonsuit, file a motion with the court to vacate the judgment and if, after a hearing on the motion, the court finds that the party has satisfied the requirements of J. P. Civ. R. 60(b), it shall grant the motion and permit the parties to elect a trial before a single judge or a jury trial.
Source: Legislative text reproduced verbatim

Effective Timeline

Current
Oct 21, 2026
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References Out

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References In

Rules and statutes that cite this regulation

25 Del. C. ch. 57
25 Del. C. ch. 57
25 Del. C. ch. 57
25 Del. C. § 5704A
25 Del. C. § 5708
25 Del. C. § 5702
25 Del. C. § 5701
25 Del. C. § 5706
25 Del. C. ch. 57
25 Del. C. ch. 57
25 Del. C. ch. 57

Related Rules

§ 1
Persons entitled to summary process
§ 3
Judgment and execution; costs; appeal
§ 5
Appeal; bond; actions thereon; waiver; appeal of waiver or periodic payments; notice of decision

Source Information

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Fetched:Oct 21, 2026, 05:21 PM UTC