Delaware Small Claims Court Default Judgment: What Happens When They Don't Show Up

You filed your case, the defendant was properly served, and 20 days passed with no response. In Delaware JP Court, that silence has a name: default. And it can hand you a judgment without a hearing.

How Default Works

When a defendant receives a complaint and summons, they have 20 calendar days from the date of service to file a written answer (Form 7). If they don't file anything within that window, the plaintiff can request a default judgment — the court rules in the plaintiff's favor without a trial.

Default judgment establishes legal liability, but you must submit written proof itemizing the damages you claim. Prejudgment interest may be included under 6 Del. C. § 2301; the court reviews the proof before entering judgment.

What You Need to Request Default

Three things must be in order:

1. Verified proof of service. The court needs to see that the defendant was actually served — a constable return of service, a signed certified mail green card, or (for out-of-state defendants) your notarized Affidavit of Service on Form 31A.

2. Written proof of damages. Contracts, invoices, repair estimates, bank statements — whatever supports the specific dollar amount you're claiming.

3. Affidavit of Non-Military Service (Form 405). Under the Servicemembers Civil Relief Act (SCRA), you must certify under oath whether the defendant is currently serving on active military duty. If they are, the court cannot enter a default judgment without appointing counsel for them. You can check military status through the Department of Defense Manpower Data Center's SCRA website.

The default request must include Form 405.

Setting Aside a Default Judgment

Defendants who missed the deadline aren't necessarily out of options. A Motion to Vacate under JP Court Civil Rule 60 can undo a default if filed within:

• 15 calendar days of judgment entry (standard cases)
• 30 calendar days if service was by certified mail

The motion costs $15. The judge decides whether to grant it.

Default Doesn't Mean Collection

Winning a default judgment establishes that the defendant owes you money. Actually getting that money is a separate process. If the defendant doesn't pay voluntarily, you'll need to file for execution — wage garnishment or a constable levy on personal property — which costs an additional $30.

Some defendants who ignored the lawsuit will also ignore the judgment. That's a collection problem, not a court problem. The judgment remains enforceable for 5 years.

If You're the Defendant

If you were served and missed the 20-day deadline, file a Motion to Vacate within the applicable deadline. The judge decides whether to grant it.

The appeal deadline is separate: an appeal to the Court of Common Pleas must be filed within 15 calendar days after judgment entry. Do not wait for the 30-day certified-mail motion deadline to consider an appeal; an appeal costs $135 plus Sheriff service fees and starts a de novo trial.

The Delaware filing guide covers both sides of the default process: requesting one as a plaintiff with all the required forms, and responding to one as a defendant before the window closes.

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