Del. Code Ann. tit. 10, § 9538
Application to vacate default judgment
Code 1852, § 2082; Code 1915, § 4011; Code 1935, § 4497; 10 Del. C. 1953, § 9542; 66 Del. Laws, c. 415, § 2; 69 Del. Laws, c. 429, § 7; 70 Del. Laws, c. 186, § 1;
- (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.
Code 1852, § 2082; Code 1915, § 4011; Code 1935, § 4497; 10 Del. C. 1953, § 9542; 66 Del. Laws, c. 415, § 2; 69 Del. Laws, c. 429, § 7; 70 Del. Laws, c. 186, § 1