Fill and Sign the Information for Service on Nonresidents Delaware

SERVICE ON NON-RESIDENTS INSTRUCTIONS It is the Plaintiffs responsibility to ensure all Defendants are properly served. While the Justice of the Peace Court undertakes most service responsibilities for litigants, the Court does NOT perform service on out of state Defendants. Pursuant to Title 10 of the Delaware Code, Section 3104, process fled against an out–of–state (non-resident) Defendant, regardless of whether the Defendant is an individual, a corporation, or any other type of entity, may take the form of a mailing requiring a signed receipt, such as certifed or registered mail. While there are other available forms of service of process available to Plaintifs, this is the form of service preferred by the Court. If you wish to use some other method you must inform the Court. You will have to undertake that method of service without additional guidance from the Court; prior to doing so you should seek legal advice. Each Defendant must be served separately and an afdavit of service must be completed for each Defendant. (A) Service of Process Via Return Receipt Mail If you choose to use return receipt mail as service of your court papers, you should fle your case with the Court, where it will be accepted and certifed for service of process. The Court will return the paperwork to you and you must complete service as follows: (1) You must send copies of all papers to Defendant by mail (certifee or registeree). Return receipt requestee, within 7 calendar days of the Court returning the documents to you. The papers to be sent to the defendant are: (a) Summons (Civil Form No. 2, 3 or 4), (b) Complaint (Civil Form No. 1), (c) A blank copy of Defendant's Answer to the Complaint (Civil Form No. 7) (not applicable in Landlord/Tenant cases), (d) Any other documents initially fled with the Court by the Plaintif, The receipt for the returned receipt mailing described above will be returned to the Plaintif by the Post Ofce marked to show delivery (or lack of delivery) of the Envelope. If the receipt is returned “received” or “refused”, the Plaintif must take the action described in the section (2) below. If the receipt is returned “unclaimed”, the Plaintif must take the action described in section (3) below. If the receipt or envelope is returned marked “Defendant moved, no forwarding address” or other VIEW YOUR CASE ONLINE: http://courtconnect.courts.delaware.gov Form CF31 (Rev. 9/1/16) language indicating an incorrect address was used, usually Plaintif must obtain Defendantfs correct address and fle an alias or pluries writ with the Court. (2) If the receipt is returned "received" or "refused ", within 10 calenear eays of the return , the Plaintif must fle with the court the return receipt of the registered letter (received from the Post Ofce) and a notarized afdavit containing the following: (a) date the notice was mailed, (b) date the notice was returned to Plaintif, (c) statement that the required notice was contained in the envelope when it was mailed, (d) statement that the receipt fled with the afdavit is the receipt obtained at the time of mailing the notice to the Defendant. The Plaintif may use Civil Form No. 31A for this purpose. (3) If the receipt or envelope is returned "unclaimed ", within 10 calenear eays of the return , the Plaintif must send a second mailing of the materials indicated above the non-resident defendant via frst class mail with a certifcate of mailing. Within that same 10 day period, the Plaintif must fle with the Court the return receipt from the Post Ofce the envelope in which the original was sent, and the certifcate of mailing for the second mailing, together with a notarized afdavit which must contain the following: (a) Date the original notice was mailed, (b) Date the unclaimed mail and the attached receipt was returned to Plaintif, (c) Statement that the required notice was contained in the envelope when it was mailed (d) Statement that the receipt fled with the afdavit is the receipt obtained at the time of mailing the notice to the Defendant. (e) Date the second mailing (frst class with certifcate of mailing) was mailed, and (f) Statement that the certifcate of mailing fled with the afdavit is the certifcate obtained at the time of mailing the second notice to the Defendant. (B) Artifcial Entity Defeneants Not Able to be Servee by Mail VIEW YOUR CASE ONLINE: http://courtconnect.courts.delaware.gov Form CF31 (Rev. 9/1/16) For a $50.00 service fee, pursuant to Title 8 (for corporate Defendants) or Title 6(for limited Partnerships) of the Delaware Code, process may be served on the Secretary of State when: (1) The Corporation or Limited Partnership is inactive according to the records of the Secretary of State. (2) The Defendants Registered Agent or the Defendant itself cannot be served, or (3) The Defendant is an Unqualifed Foreign Corporation or an Unregistered Foreign Limited Partnership. The Plaintif is required to supply two copies of the process to the Secretary of State ofce (one to be sent to the Defendant by the Secretary of State ofce by certifed mail as notice of the case). In the case of an Unqualifed Foreign Corporation or an Unregistered Foreign Limited Partnership, the Plaintif must also supply the address of the Defendant. Questions should be directed to the Secretary of State ofce at (302) 732-3077: pres “5” for service of process assistance. VIEW YOUR CASE ONLINE: http://courtconnect.courts.delaware.gov Form CF31 (Rev. 9/1/16)