Default judgment in Delaware: how to set it aside

How to undo a default judgment, how long you have, and what to do while you wait.

Checked against official sources: Oct 24, 2026.

Short answer

A default judgment means the court decided against you because you didn't answer. File a motion to vacate the default judgment on an Application for Motion Hearing (Civil Form 11), with the $15 fee, and explain why you did not answer or appear.

Shortest time to ask
15 days (Justice of the Peace Court: motion to vacate)
Time to answer
15 days

What a default judgment means in Delaware

If the court does not receive your answer in a debt action, or you do not appear for trial, the plaintiff can get a default judgment. The plaintiff files a notarized statement, and the court decides whether a hearing on the amount is needed.

Canceling a default judgment in Delaware

File a motion to vacate the default judgment on an Application for Motion Hearing (Civil Form 11), with the $15 fee, and explain why you did not answer or appear. For mistake, excusable neglect, new evidence or fraud, file it within 15 days after the default judgment, or within 30 days if you were served by certified mail and the mail was returned unclaimed. If the judgment is void or was paid, you can file within a reasonable time.

Law: J.P. Ct. Civ. R. 60(b)-(c)

Count your deadline to set aside a default

The date is counted in your browser.

The court's name is at the top of the judgment.

An estimate from our state data, not legal advice. Court holidays and local rules can change a deadline. File early, and ask the court clerk if you are not sure.

What the judgment means in Delaware

Interest after the judgment

For a judgment on a loan or credit agreement: 5% over the Federal Reserve discount rate, or the contract rate if that is lower, from the date of judgment.

How long it lasts

A creditor can use court collection procedures (execution) for 5 years after the judgment. After that, the judgment must be revived by scire facias (in JP Court, Civil Form 15A, Application to Revive a Judgment, $20 fee) before it can be enforced again.

Law: 6 Del. C. § 2301(a); 10 Del. C. § 5072(a)

After a judgment in Delaware

Servicemembers

Before the court gives the plaintiff a default judgment, the plaintiff must file a sworn statement saying whether you are in military service.

Law: 50 U.S.C. 3931(b)(1)

Steps after a default in Delaware

  1. Get the judgment papers

    Ask the clerk for a copy of the judgment and note the date on it.

  2. Move fast

    In Delaware: File a motion to vacate the default judgment on an Application for Motion Hearing (Civil Form 11), with the $15 fee, and explain why you did not answer or appear.

  3. Say why you missed it

    Most courts want to know why you didn't answer and what your defense is. Attach your answer if the court asks.

  4. Know what can be taken

    See what is protected: After a judgment in Delaware.

Free help in Delaware

Questions about default judgments in Delaware

How long do I have to answer a debt lawsuit in Delaware?

Justice of the Peace Court debt action: your signed answer must be received by the court within 15 days after the date you received the summons. Check your summons, because it tells you what to do.

What happens if I don't answer in Delaware?

If the court does not receive your answer in a debt action, or you do not appear for trial, the plaintiff can get a default judgment. The plaintiff files a notarized statement, and the court decides whether a hearing on the amount is needed.

How do I set aside a default in Delaware?

File a motion to vacate the default judgment on an Application for Motion Hearing (Civil Form 11), with the $15 fee, and explain why you did not answer or appear. For mistake, excusable neglect, new evidence or fraud, file it within 15 days after the default judgment, or within 30 days if you were served by certified mail and the mail was returned unclaimed. If the judgment is void or was paid, you can file within a reasonable time.

More for Delaware

Sources

Sources

Last checked: Oct 24, 2026.

Federal sources