Rule 55. Default judgments

(a) Default judgment. -- Except as otherwise provided by this Rule or by statute, when a party has failed to appear, plead or otherwise defend, as provided by these Rules, and that fact is made to appear, judgment by default may be entered as follows:

(1) By the clerk. -- When the plaintiff's claim against a defendant is for a sum certain or for a sum which can by computation be made certain, the clerk, upon written direction of the plaintiff and upon affidavit of the amount due, may enter judgment for that amount and costs against the defendant. Judgment on the following types of claims may not be entered by the clerk: summary possession, replevin, trespass, or deficiency claims filed pursuant to 6 Del. C. { 9-504, or any other claim which the clerk can tell is not for a sum certain.

(2) By the Court. -- The party entitled to a judgment by default shall apply to the Court therefor. If, in order to enable the Court to enter judgment or to carry it into effect, it is necessary to take an account or to determine the amount of damages or to establish the truth of any averment by evidence or to make an investigation of any other matter, the Court may conduct such hearings or order such references as it deems necessary and proper and shall accord a right of trial by jury to the parties when and as required by statute.

(b) Persons against whom default may not be entered; amount; interest. -- No judgment by default shall be entered against:

(1) An infant or incompetent person unless represented in the action by a guardian, trustee or other representative, or

(2) a party then in the military services as defined by the Soldiers and Sailors Civil Relief Act of 1940. The amount of the judgment by default shall not exceed the amount demanded giving credit for any payments, except in a summary possession action. In a summary possession action, the amount demanded may be increased to include the reasonable value of the use and occupation to the time when a writ of possession was issued and for any period of time with respect to which the agreement does not make any provision for payment of rent. This period of time may include the time between the issuance of the writ and the landlord's actual recovery of the premises. In any judgment by default, interest may be given.

(c) Verification of service for entry of default judgment. -- A judgment by default shall not be rendered until the service shall be verified by:

(1) The constable's or the special process server's affidavit in writing, or

(2) in a civil action for debt in which service has been made by certified mail return receipt requested, the certified mail return receipt signed by the defendant, or by some person of suitable age and discretion, as agent for the defendant, or with the word "unclaimed" or "refused" noted thereon by the postal authorities, or

(3) in a summary possession action in which service was made by posting and 1st class mail, an affidavit by the constable and a certificate of mailing.