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Current as of January 01, 2026 | Updated by Findlaw Staff
Judgment by default may be entered for the plaintiff at such time and in the manner prescribed by the rules of the Superior Court, unless the defendant has previously filed in the cause an affidavit that the defendant verily believes there is a legal defense to the whole or part of such cause of action and setting forth the nature and character of the defense. If the defense is to a part only, then the defendant shall specify the sum really due, and judgment may be entered for the plaintiff at the plaintiff’s own election for the sum acknowledged to be due. If judgment is not so entered by default, then like proceedings shall be had as in other cases of scire facias.
Cite this article: FindLaw.com - Delaware Code Title 25. Property § 2716. Default judgment; affidavit of defense - last updated January 01, 2026 | https://codes.findlaw.com/de/title-25-property/de-code-sect-25-2716/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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