SERVICE OF PROCESS
The Delaware Division of Corporations accepts Service of Process on Delaware entities, non-Delaware entities, and out-of-state individuals under certain circumstances. Here are the requirements for serving the Delaware Secretary of State.
SERVICE
OF PROCESS UNDER TITLE 10
Defendant (individual, corporation, or other entity) must have
out-of-state address listed. The fee is $2.00 per
defendant for each section referenced.
Ex: John Doe
under Title 10, Sections 3112 and 3113; cost is $4.00.
SERVICE OF PROCESS UNDER TITLES 6, 8 AND 12
Titles 6, 8 and 12 of the Delaware code set forth the requirements for Service of Process upon Delaware corporations and other entities such as LPs, LLCs, GPs, LLPs, LLLPs, and Statutory Trusts. Please consult the applicable code sections for these requirements. If you have any questions regarding the status of a Delaware entity or the identity of its registered agent, please contact this office, Service of Process Section, for verification. Any questions regarding the registered agent's relationship with an entity for the purposes of Service of Process should be directed to that agent.
Please note that the Secretary of State's acceptance of Service of Process for a Delaware entity is not a determination that the entity has been properly served. If you have questions about the sufficiency of your service of process, consult a private attorney.
If the defendant is not a Delaware corporation, the plaintiff must provide the out-of-state address of that corporation. The fee is $50.00 per defendant and 2 completed copies of all documents being served are required.
If you need any information concerning procedures of the courts as well as available court forms, please visit their website at http://courts.delaware.gov/.
FREQUENTLY ASKED QUESTIONS
How
can I serve the Secretary of State of
Delaware
?
All documents must be served upon this office by the
Sheriff, Constable, or Special Process Server.
Unless documents are from a Federal Court, service is not
acceptable through the mail.
What
is the payment method?
Payment must be made by check or money order payable to
the Delaware Secretary of State and included with the documents
to be served. Payment
must be for the exact
amount required, otherwise the service will be refused.
What
Title and Section under the
Delaware
Law does my case fall under?
It must be clear, in writing, as to the Title and
Section(s) under which your documents are being served.
This office acts in an administrative capacity and cannot
give legal advice.
Where
do I get the forms?
The forms can be obtained from the appropriate Court
along with instructions on how to fill out the forms and what is
required of the plaintiff.
Will
I get a copy back?
This office does not return a stamped copy.
The plaintiff will receive an affidavit of service from
the party that served the documents upon the Secretary of State
of Delaware.
What
if service is refused by the Secretary of State of Delaware
?
Documents that are served upon this office and do not
meet the above criteria will be refused and returned
immediately to the party serving the documents.
If further information is needed, please contact the Secretary of State of Delaware, Division of Corporations at (302) 739-3073.
