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 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.
SERVICE OF PROCESS UNDER TITLE 10
The Secretary of State of Delaware accepts service of process under Sections 3104, 3111, and 3114. The fee for service under this Title is $50 per defendant for each section reference; for example, the fees for John Doe under Title 10, Sections 3104 and 3111 will be $100.
Please contact the appropriate Delaware Court for instructions and assistance in serving non-Delaware residents or log on to www.courts.delaware.gov
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/.
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) 739-3077.