Rule 4. Process

(a) Issuance of writs: Original, alias or pluries. -- Upon the commencement of an action the clerk shall forthwith issue the process specified in the praecipe and shall deliver it for service. Upon direction of the plaintiff in the praecipe, separate or additional process shall issue against any defendant.

(b) Attachment in lieu of summons. --

(1) Proof. -- An affidavit must be filed by the plaintiff, or any credible person for the plaintiff, stating that the defendant is justly indebted to the plaintiff in a stated sum not exceeding $15,000 and has absconded, or is as that person believes, about to remove the defendant's person or property out of the State with intent to defraud the defendant's creditors, or intentionally conceals himself or herself so that process of summons cannot be served on him or her, or is a nonresident of the State, as the case may be. A judge shall not issue a writ of attachment unless the affidavit provides specific facts demonstrating the validity of the debt and for believing that the defendant has absconded or is about to remove the defendant's person or property out of the State, with intent to defraud the defendant's creditors, or intentionally concealed himself or herself so that process of summons cannot be served on him or her, or is a nonresident of the State. The affidavit must include the defendant's last known address or a statement that such address is unknown and cannot with due diligence be ascertained.

(2) Bond required of plaintiff. -- No writ of attachment in lieu of summons shall be issued until the plaintiff gives bond in an amount and with surety to be approved by the Court out of which the writ is to be issued, conditioned that if the suit shall not be prosecuted with effect, or if the judgment rendered therein shall be in favor of a defendant, the plaintiff will pay any and all costs which may be awarded to a defendant, together with any and all damages, not exceeding the amount of the bond, which a defendant in the suit may have sustained by reason of such attachment; for this purpose, a bond executed by an approved surety company along, without joinder of plaintiff, shall be deemed a compliance with the provisions of this rule. In fixing the amount of such bond, the Court may consider the kind of property to be seized, the estimated value thereof, the possibility of loss to a defendant as the result of the seizure, and other relevant matters. No attachment shall be authorized of any property of an estimated value greater than $15,000.

(3) Release of attached property. -- If the defendant appears at the court and enters an appearance acknowledging that the defendant will answer the plaintiff's demand and satisfy any judgment rendered against them in such suit, the attachment shall be dissolved, and the cause proceed as in other cases. If the defendant appears at the Court at any time before final judgment and contests a wage attachment, an ex parte post deprivation hearing on the seizure of the defendant's wages shall be held. If it is determined that there is no longer a factual basis supporting the need for the writ, the attachment shall be dissolved, and the cause proceed as in other cases. In cases not falling within the above categories, the attachment shall, in any event, be dissolved, and the cause proceed as in other cases, 30 days from the date on which the writ of attachment issued.

(4) A writ of foreign attachment may issue against any individual or unincorporated association not an inhabitant of this State or against a foreign corporation, although joined as parties defendant with other nonresident or resident parties, with the same effect as if such nonresident defendant were the only defendant.

(5) When either goods are attached, or garnishee summoned, the Court shall, at the plaintiff's expense, cause a copy of such writ to be published in a newspaper of general circulation in the county in which the writ is issued at least once within 20 days after the issuance of such writ. The Court shall also send by certified or registered mail to every defendant whose appearance is sought to be compelled, at the address furnished by plaintiff, if such address is known, certified copies of the complaint, affidavit, writ and return. No publication shall be required if all defendants have been personally served prior to the time publication would otherwise take place and no mailing will be required to any defendant who has been personally served.

(6) If any goods, or chattels, are taken on any attachment in lieu of summons, the constable or sheriff shall make an inventory, and cause them to be appraised by two (2) judicious persons, under oath, or affirmation, and annex the inventory to the attachment. If the constable or sheriff takes any goods on attachment, the constable shall be responsible for the safe keeping of the goods.

(7) Omitted.

(8) In any action by attachment in lieu of summons, the defendant shall serve the answer within 30 days after the date of the attachment of the property or the service of the writ upon a garnishee, as the case may be. After the expiration of such 30 day period, or after the defendant's appearance, whichever first occurs, the action shall proceed as in suits commenced by summons.

(9) If any attached property is of a perishable nature, or will cause undue expense in its keeping, the Court may order the attaching officer, on due notice, to sell the same, and retain the proceeds of the sale, subject to the order of the Court. No property attached under a writ of attachment in lieu of summons or garnishment shall be sold except upon order of the Court, which order shall specify the notice required and all other pertinent matters relating to such sale.

(c) Contents of writ: Generally. -- The process shall bear the date of its issuance, be signed by a clerk or a judge, be under the seal of the Court, contain the name of the Court and the names of the parties, state the name of the official or other person to whom it is directed, the name and address of the plaintiff's attorney, if any, otherwise the plaintiff's address, and the time within which these Rules require the defendant to appear and defend, and shall notify the defendant that in case of the failure to do so, judgment by default will be rendered against the defendant for the relief demanded in the complaint. The writ shall also inform the defendant as to how the attachment or garnishment may be dissolved.

(d) By whom served. -- Service of process shall be made by any constable, sheriff, deputy sheriff, special process server, or any other person duly authorized by statute or rule to make service of process except that a subpoena shall be served as provided in Rule 45.

(e) Process. -- A copy of the complaint, statement of injury, affidavit or any other pleading filed and the praecipe (if separate from the complaint) shall be served together.

(f) Service of process; how made. --

(1) Summons. -- Service of summons shall be made as follows:

(I) Upon an individual other than an infant or an incompetent person by delivering a copy of the summons and accompanying papers, if any, to that individual personally or by leaving copies thereof at that individual's dwelling house or usual place of abode in the presence of some person of suitable age and discretion residing therein or by certified mail, return receipt requested, or by first class mail with certificate of mailing or by delivering copies thereof to an agent authorized by appointment or by law to receive service of process. Service shall be made at least four (4) days before the day of appearance, unless it is returnable forthwith. Service by leaving a copy, shall not be made for any forthwith warrant, nor in respect to any defendant who has not at the time a fixed place of abode in the county. Except where the warrant is returnable forthwith, if service is made less than 4 days before the date of appearance, a continuance shall be granted upon the motion of the defendant.

(II) 2.00000019 Omitted. B. Upon an infant under the age of 18 years, if such infant has a guardian in this State, by service upon such guardian in the same manner as upon an individual, if the guardian is an individual; or in the same manner as upon a corporation, if the guardian is a corporation; and if there is no such guardian, by service in the same manner as upon an individual, upon an adult person with whom such infant resides or who has the infant's place of abode. C. Upon an incompetent person, if such person has a trustee or guardian in this State, by service upon such trustee or guardian, in the same manner as upon an individual, if the trustee or guardian is an individual; or in the same manner as upon a corporation, if such trustee or guardian is a corporation; and if there is no such trustee or guardian, by service in the same manner as upon an individual, upon an adult person with whom such incompetent person resides or who has the incompetent person's place of abode. D. As used herein, trustee or guardian refers to one appointed by the court of competent jurisdiction in this State; provided, however, that a trustee or guardian duly appointed by a court of competent jurisdiction of another state may accept service and/or appear, upon filing proof of such appointment in the cause here pending. E. Upon an infant or incompetent person, not a resident of the State, in the same manner as upon a competent adult person who is not an inhabitant of or found within the State.

(III) Upon a domestic or foreign corporation or upon a partnership or unincorporated association which is subject to suit under common name by delivering copies of the summons, complaint and affidavit, if any, to an officer, a managing or general agent or to any other agent authorized by law to receive service of process and if the agent is one authorized by statute to receive service and the statute so requires, by also mailing a copy to the defendant.

(IV) Upon a municipal corporation or other governmental organization subject to suit by delivering a copy of the summons, complaint and affidavit, if any, to the chief executive officer thereof or by serving copies thereof in the manner prescribed by law for the service of summons upon such defendant.

(V) (A) Upon a defendant of any class referred to in subsections (I) and (III) of this rule, it is sufficient if the summons, complaint and affidavit, if any, are served in the following manner: (i) in a civil action for debt, service is made by certified mail, return receipt requested. When service is made in this manner, service is complete when it is signed for by the defendant, or by some person of suitable age and discretion acting as agent for the defendant, or with the word "unclaimed" or "refused" noted thereon by postal authorities. (B) In summary possession actions, if service cannot, after a reasonable effort, be made by personal service or by leaving a copy with a person of suitable age and discretion who resides or is employed in the rental unit, service is made: (i) upon a natural person by affixing a copy of the notice and complaint upon a conspicuous part of the rental unit, and within one (1) day thereafter, sending by either certified mail or 1st class mail with certificate of mailing, using United States Postal Service Form 3817 or its successor, an additional copy of each document to the rental unit and to any other address known to the person seeking possession as reasonably chosen to give actual notice to the defendant; or (ii) if the defendant is an artificial entity as defined in Supreme Court Rule 57(a)(1), by sending by certified mail or by sending by 1st class mail with certificate of mailing, using United States Postal Service Form 3817 or its successor, within one (1) day after affixation, additional copies of each document to the rental unit and to the principal place of business of such defendant, if known, or to any other place known to the party seeking possession as reasonably chosen to effect actual notice.

(VI) Whenever a statute, rule of court or an order of court provides for service of summons or of a notice or of an order in lieu of summons upon a party not an inhabitant of or found within the State, service shall be made under the circumstances and in the manner prescribed by the statute, rule or order.

(2) Attachment. -- Service of attachment or pre-judgment garnishee process shall be made in the manner as provided in this Rule, on those persons, firms or corporations subject to such service in this State. Service of post-judgment garnishments shall be made in accordance with Rule 69(c)(2)(a). If pre-judgment garnishees are summoned upon a writ of attachment in lieu of summons or on a forthwith summons, the person serving the writ shall leave with them a copy of the writ, the complaint and accompanying papers, if any. If execution of the writ requires seizure of personal property, the constable or sheriff shall levy thereon and make the return. In actions for distress for rent, a copy of the claim of distress and order of levy shall be delivered to each tenant found on the premises, or if no tenant is found, copies of the claim of distress, order of levy, and inventory shall be affixed to a prominent place in the interior of the premises.

(3) Omitted.

(4) Omitted.

(5) Service of original process other than summons or attachment.

(I) Garagekeeper's liens. -- In garagekeeper's lien cases pursuant to 25 Del. C. Ch. 39, the Court shall send a notice and copy of the application by certified or registered mail, return receipt requested, to the owners, secured parties of record and any known lienholders and any other persons whose names and addresses are listed in the application. If the identity of the last registered owner or secured party cannot be determined with reasonable certainty, it shall be sufficient if the lienholder gives at least 15 days' notice of the sale by handbills posted in five (5) or more public places and advertises in a newspaper published and/or circulated in the county in which the sale is to be held. The lienholder shall notify the appropriate police auto theft unit.

(II) Other process. -- Service of original process other than summons, attachment or garagekeeper's liens shall be made as provided by statute or order of court.

(g) Return of process. -- Either an original, alias or pluries writ shall be returnable promptly when served. When a writ of summons has not been served it shall be returnable on the fourth day preceding the date established as the date of appearance on the face of said summons. A writ of attachment in lieu of summons, whether an original, alias or pluries, shall be returned promptly after service and shall be returnable within three (3) days of issuance. A forthwith summons shall be returnable immediately upon service stating the time of service. When service cannot be made, a forthwith summons shall be returnable on the 15th day after the date of issuance. When process cannot be served and shall be returnable as provided above, such return shall set forth the reason why service could not be made. When service of process has been made, the service and the manner of service shall be stated in the return, thus, "served personally by the constable or duly authorized special process server" or "served by leaving a copy at the defendant's dwelling house or usual place of abode in the presence of A.B., a person of suitable age and discretion residing therein," with the date of such service. Failure to make a return or proof of service shall not affect the validity of service.

(h) Actions in which service of process is secured pursuant to 10 Del. C. { 3104, { 3112, or { 3113. -- In an action in which the plaintiff serves process pursuant to 10 Del. C. { 3104, { 3112, or { 3113, the defendant's return receipt and the affidavit of the plaintiff or the plaintiff's attorney of the defendant's nonresidence and the sending of a copy of the complaint with the notice required by the statute shall be filed with the Court within 10 days of receipt by the plaintiff or the plaintiff's attorney of the defendant's return receipt.

(i) Amendment of process. -- At any time in its discretion and upon such terms as it deems just, the Court may allow any process or return of proof of service to be amended unless it clearly appears that material prejudice would result to the substantial rights of the party against whom the process issued.

(j) Omitted.

(k) Omitted.