Civil Summons (Spanish) is the bilingual English and Spanish sample summons that Delaware Courts publish for the Court of Common Pleas. It is addressed to the Sheriff of a county, who is commanded to summon the defendant(s) and serve a copy of the summons and complaint, and it tells the defendant(s) that an Answer must be filed within twenty (20) days. On this page you can fill out the form online on FillingPDF and download or print the completed PDF; the official PDF is published by Delaware Courts at courts.delaware.gov.
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What is Civil Summons (Spanish) – Delaware?
Civil Summons (Spanish) is the Delaware Court of Common Pleas summons printed in English with a Spanish translation of every line. It commands a county sheriff to summon the defendant(s) and tells the defendant(s) how and when to answer the attached complaint.
The form is titled SAMPLE SUMMONS / EJEMPLO DE CITATORIO JUDICIAL and is issued under the heading of the court "in and for" a Delaware county, which is left blank to be completed. Its caption lists the plaintiff(s), the defendant(s) and a Civil Action No. / Acción Civil n°.
The body has two parts:
- A command to the sheriff. The Sheriff of the named county is ordered to summon the defendant(s) and serve on them a copy of the summons and complaint.
- A notice to the defendant(s). Within twenty (20) days after receiving the summons, not counting the day it is received, a defendant who wants to deny the allegations must file an Answer to the attached Complaint. The original of the Answer goes to the Clerk's Office of the Court of Common Pleas and must include proof that a copy was served on the plaintiff or the plaintiff's attorney named on the summons. Failing to file an Answer denying the allegations results in a judgment against the defendant, and the plaintiff or attorney may act to satisfy it.
The form ends with a DATED / FECHA line, a Clerk / Secretario line and the plaintiff's attorney's name, address and telephone number. The printed heading reads "Court of Commons Pleas"; the issuing court is the Delaware Court of Common Pleas.
Who needs to file Civil Summons (Spanish) – Delaware?
The form is built for the parties and officials named in its text. The plaintiff, or the plaintiff's attorney, whose name, address and telephone number are entered at the bottom, is the person on whose behalf the summons is issued. The Clerk dates and issues it, and the Sheriff of the county named on the form serves it.
The defendant(s) named in the caption are the people who receive it. A defendant who wants to deny the allegations in the attached complaint must file an Answer within twenty (20) days after receiving the summons. The Spanish text beside each English line lets a Spanish-speaking defendant read the command and the consequences.
The form does not say who may complete it on someone's behalf beyond the plaintiff's attorney block. It is a summons for a civil action, so it does not replace the complaint, which must be attached and served with it.
When to file Civil Summons (Spanish) – Delaware
The clock that matters on this form starts when the defendant receives the summons: the defendant has twenty (20) days after receiving it, excluding the day of receipt, to file an Answer to the attached Complaint if the defendant wants to deny the allegations.
If no Answer denying the allegations is filed, the form states that a judgment will be entered against the defendant, and the plaintiff or the plaintiff's attorney may take action to satisfy that judgment.
The form prints no deadline for the plaintiff to prepare or issue the summons. It is dated on the DATED / FECHA line when it is issued, and it travels with the complaint to the Sheriff for service.
Documents you need
- The Complaint: the form commands the Sheriff to serve a copy of the summons and complaint on the defendant(s), so the complaint accompanies the summons.
- The original of the defendant's Answer, only if the defendant wants to deny the allegations; it is filed with the Clerk's Office of the Court of Common Pleas.
- Proof that a copy of the Answer was served on the plaintiff or on the plaintiff's attorney named on the summons; it must be included with the original Answer.
How to fill out Civil Summons (Spanish) – Delaware
Enter the county in the court heading
In the heading "In the Court of Commons Pleas for the State of Delaware in and for ___ County / En el Tribunal de Causas Comunes...", write the county.
List the plaintiff(s)
In the caption, enter the plaintiff name(s) in the Name(s) / Nombre(s) space above the Plaintiff(s) / Demandante(s) label.
List the defendant(s)
Enter the defendant name(s) in the Name(s) / Nombre(s) space above the Defendant(s) / Demandado(s) label.
Enter the Civil Action number
Write the case number on the Civil Action No. / Acción Civil n° line in the caption.
Name the county of the Sheriff
Fill in the county in the lines TO THE SHERIFF OF ___ COUNTY / AL SHERIFF DEL CONDADO DE, so the right Sheriff is commanded to serve the summons.
Complete the Clerk's Office location
In the paragraph telling the defendant where to file the Answer, enter the location of the Clerk's Office of the Court of Common Pleas in Delaware where the blank appears.
Add the date and Clerk line
Complete the DATED / FECHA line and the Clerk / Secretario line as the form's layout provides.
Enter the plaintiff's attorney details
Write the Plaintiff's Attorney Name / Nombre del abogado del demandante, the Address / Dirección and the Telephone Number / Número de teléfono.
Review and download the completed PDF
Check that the county, case number, names and attorney details are correct and that the complaint will accompany the summons. Download or print the completed PDF from FillingPDF and deliver it through the channels described under How to submit.
How to submit Civil Summons (Spanish) – Delaware
The summons reaches the defendant through the Sheriff, and the defendant's response goes to the court Clerk.
- Service by the Sheriff. The form commands the Sheriff of the county named on it to summon the defendant(s) and serve a copy of the summons and the complaint.
- Answer by the defendant. The original of the Answer must be filed with the Clerk's Office of the Court of Common Pleas at the location in Delaware printed on the issued summons. The Answer must include proof that a copy was served on the plaintiff or on the plaintiff's attorney named on the summons.
- Plaintiff's contact details. The attorney's name, address and telephone number on the form are where the defendant serves the copy of the Answer.
The form gives no fee, mailing address, portal or appointment rule of its own. Delaware Courts publish the form and other court forms at courts.delaware.gov. FillingPDF lets you fill out and download the PDF; submission follows the channels above.
Common mistakes to avoid
- Leaving the county blank in the court heading or in the line addressed to the Sheriff of the county, so the summons does not say which court and which sheriff are involved.
- Omitting the Civil Action No. / Acción Civil n° in the caption.
- Leaving out the plaintiff's attorney's name, address or telephone number, which is where the defendant must serve a copy of the Answer.
- Counting the day of receipt toward the twenty (20) days; the form excludes the day the summons is received.
- Filing a copy of the Answer instead of the original with the Clerk's Office of the Court of Common Pleas.
- Filing the Answer without proof that a copy was served on the plaintiff or the plaintiff's attorney.
- Not filing an Answer when the defendant wants to deny the allegations; the form warns that a judgment will result.
- Serving the summons without the attached complaint, which the form says must be delivered with it.
Frequently asked questions
What is the Civil Summons (Spanish) form in Delaware?
It is the Delaware Court of Common Pleas summons printed in English with a Spanish translation of each line. It orders the county Sheriff to summon the defendant(s) and serve the summons and complaint, and tells the defendant(s) how to answer.
How long do I have to answer a civil summons in Delaware?
Twenty (20) days after you receive the summons, not counting the day you receive it, if you want to deny the allegations in the attached complaint. File the original of your Answer with the Clerk's Office of the Court of Common Pleas.
What happens if I do not answer the summons?
The form states that failing to file an Answer denying the allegations will result in a judgment against you. The plaintiff or the plaintiff's attorney may then take action to satisfy that judgment.
Where do I file my Answer to this summons?
File the original with the Clerk's Office of the Court of Common Pleas, at the Delaware location printed on your summons. Include proof that a copy was served on the plaintiff or the plaintiff's attorney named on the summons.
Who delivers the summons to the defendant?
The Sheriff of the county named on the form. The form commands the Sheriff to summon the defendant(s) and serve on them a copy of the summons and the complaint.
Is this civil summons available in Spanish?
Yes. Each English line on this form is followed by a Spanish translation, and the form is titled SAMPLE SUMMONS / EJEMPLO DE CITATORIO JUDICIAL. The official name of this document is Civil Summons (Spanish).
Can I fill out the Civil Summons (Spanish) online?
You can fill out the PDF online on FillingPDF and download or print it. FillingPDF is an independent service and does not file or serve the summons; service and filing follow the court's channels described on the form.
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