Serving Court Papers on the Other Party - “Service of Process”

Service of process is how court documents get delivered. This includes things like petitions, complaints, and subpoenas. It is an official legal procedure for reaching someone in a lawsuit. The legal notice informs the other party that someone has filed a case against them. This allows them to respond.

Why It’s Required:

1. Due Process: The U.S. Constitution protects everyone. No one can lose their rights without being told first. They must also have a chance to defend themselves.

2. Court Authority: The court cannot act on someone until they have received proper service.

3. Fairness: It ensures that the other party knows about the case and can take appropriate action.

4. Legal Validity: If service isn’t done correctly, the entire case can be declared “null,” which means it is legally invalid as if it never happened.

Ignoring the legal rules for service of process can cause serious issues for your case, even if everything else is in order.

Here’s what can happen: 

1. The court may dismiss your case

   • Louisiana law states that if a party is not served correctly, the whole case can be considered “null and void.” This means the case has no legal existence. 

2. The other party can file a challenge. 

   • They can file a “declinatory exception for insufficiency of service of process.” This is a legal claim that says the court service was not valid.

3. You may have to refile your case. 

   • That means starting over from the beginning and paying filing fees again.

4. Delays in your case. 

   • Without proper service, the court can’t move forward — no hearings, no judgments, no progress.

You must request service within 90 days of filing your case. If you miss that deadline, the other party can use it against you to have the case thrown out.

If you're not sure that the service was done correctly, check with the Clerk of Court. You can also ask a legal aid program or an attorney for advice. For more information, see Finding and Hiring a Lawyer.

In Louisiana, only certain people can serve court papers. The law specifies rules about who can do this based on how the papers are served.

1. Sheriff’s Deputy (default method)

   • The civil sheriff’s office in the parish where the person is located usually handles service.

   • This is the most common and preferred method.

2. Private Process Server (in limited cases)

   • You can ask the court to appoint a private process server if:

     • Sheriff’s service is unsuccessful or delayed.

   • Service is time-sensitive.

   • The judge must approve the individual before they can serve papers.

3. Curator (Attorney Appointed by Court)

   • If the defendant is an “absentee” (missing or hard to find), the court can appoint a curator attorney. This attorney will accept service for the defendant.

4. Long-Arm Service (for out-of-state defendants)

   • No individual physically serves the papers; instead, someone sends the service by mail, usually via certified U.S. mail with return receipt.

Who Cannot Serve Papers:

• You cannot serve the papers yourself if you are a party to the case.

• No friends or family members are allowed unless the court appoints them.

In Louisiana, there are two main types of service of process: personal service and domiciliary service. Both are legal ways to notify someone about a lawsuit — but they work differently.

Personal Service

• The court officer, often a sheriff’s deputy, gives the legal papers to the person being served.

• It can happen anywhere — at home, work, or even in public (like a parking lot).

• Used when the law requires direct contact with the defendant.

Example: A sheriff walks up to John at his job and hands him a divorce petition.

Domiciliary Service

• The court officer leaves the papers at the person’s home (their “principal place of residence”).

• Papers must be left with someone of suitable age and discretion who lives there — like a responsible teen or adult.

• The person being served doesn’t have to be home at the time.

Example: The sheriff leaves the documents at John's house. He gives them to John's 17-year-old daughter since John is not home.

To serve someone, provide the court or sheriff with accurate details. This helps them find and identify the person you want to serve.

Here’s some essential information to provide: 

1. Last Known Home Address: Their current or more recent residential address. 

2. Work Address (if known): A place of employment where they may be served. 

3. Phone Number: Can help confirm whereabouts or schedule service attempts. 

4. Other Known Locations: Any place the person frequently visits or stays (e.g., a family member’s home).

5. Availability Details (if known): When they are typically home or at work — this helps time the service.

Helpful Extra Details (Especially for Private Process Servers):

• Physical Description: Height, weight, age, hair color, tattoos, etc.

• Vehicle Information: Make/model, license plate number, color — useful if the person is often on the move.

• Photos (if allowed): Some process servers can work faster with a visual reference.

Accurate and detailed information helps the sheriff or process server serve papers faster and more effectively. This keeps your case on track.

No, you cannot serve the other party yourself if you are a party to the case.

Why not?

• Louisiana law requires that process be served by a neutral third party, such as a sheriff’s deputy or court-appointed process server, to ensure fairness and avoid disputes about whether service happened.

• This rule applies even if the other person knows about the lawsuit or agrees with you.

Who Can Serve Papers:

• Sheriff’s Deputy (default method)

• Court-appointed Private Process Server (must be approved by a judge)

• Curator Attorney (for absentee or missing parties)

• By Mail (in certain cases, like long-arm service)

Alternative: Acceptance or Waiver of Service

They can sign a form if you get along well with the other party. This form shows they received the papers. It’s called a waiver or acceptance of service. This acts as a legal substitute for formal service.

In most Louisiana civil cases, you can't use email for the initial service of process. This means you cannot send someone an official email notification about a lawsuit filed against them to start a lawsuit. 

When Email May Be Used:

1. After the Initial Service Is Complete

   • After all parties are served and appear in court, you can often share filings like motions or pleadings by email, mail, or fax. Just remember to file a Certificate of Service with the court.

2. By Agreement

   • If both sides agree in writing, they can use email to share documents. However, email cannot replace the first official delivery of court papers.

A waiver or acceptance of service is a legal document. It allows one party to receive court papers without formal service by a sheriff or process server. It’s a way to save time, money, and stress — especially in cases like uncontested divorce or custody.

What It Means

• The person serving acknowledges that they received the legal papers.

• They waive their right to formal service (e.g., by sheriff).

• It does not mean they are admitting guilt or agreeing with your petition — just that they received it.

To serve someone who lives outside of Louisiana, you’ll use a special process called “long-arm service.” It’s a legally approved way to notify someone in another state that they’re part of a Louisiana court case. “Long-arm service” lets Louisiana courts reach defendants outside the state. Courts can send papers by certified mail or other approved methods. This is done under Louisiana’s Long-Arm Statute (La. R.S. 13:3201–3207).

If you don’t know the current address of the person you want to serve, or if they are missing or avoiding service, you still have legal options in Louisiana. You may be able to ask the court to appoint a curator to represent them for service.

Step 1: Make a Reasonable Search

Before asking the court for help, you must show that you made a good-faith effort to find the person. This might include:

• Trying known addresses (home, work, relatives’ homes)

• Searching social media

• Asking mutual contacts

• Checking public records or voter registration

Step 2: Ask the Court to Appoint a Curator

If your search is unsuccessful, you can file a Motion to Appoint a Curator. A curator is a lawyer chosen by the court. They receive service for someone who is missing or seen as an “absentee.”

Your motion should explain:

• What you’ve done to locate the person

• That you believe the person is avoiding service or cannot be found

A curator is a court-appointed attorney. They represent and accept legal documents for someone called an "absentee." This person may be missing, hard to find, or avoiding service.

When Is a Curator Appointed?

A court may appoint a curator in situations where:

• The other party cannot be located, despite reasonable efforts

• The defendant is avoiding service

• The person is an absentee. This means they have no known address in Louisiana. Because of this, they can't be served using traditional methods.

What the Curator Does:

• Accepts service of court papers on the absentee’s behalf

• May attempt to notify or locate the absentee

• Sometimes files a short report back to the court

The curator is not your lawyer. They represent the absentee's interests for legal notice and fair process.

Yes — but only in limited situations. In Louisiana, you can use a private process server if certain conditions apply. Usually, you must get the court's permission first.

When You Can Use a Private Process Server:

• Sheriff’s service is unsuccessful or delayed.

• You need to serve someone quickly, and time is critical.

• The court authorizes private service due to special circumstances.

What You Must Do First:

You must file a motion asking the judge to appoint a private process server. The motion should include:

• Why sheriff’s service is not workable

• Who you want to appoint (name and contact info)

• That the person is a disinterested party (not involved in the case)

When You Cannot Use a Private Server:

• Just because it’s cheaper or more convenient — you need court approval.

• If someone hasn’t attempted the sheriff’s service first in a routine case.

The cost of service in Louisiana depends on who is serving the papers, where, and how the service is carried out. Here’s a breakdown:

1. Sheriff’s Service (Most Common)

   • Cost Range: Usually between $30 and $75 per service attempt

   • The exact amount depends on the parish and whether the person is in-state or out-of-state.

   • Fees are paid to the sheriff’s civil division and are not included in your court filing fee.

   • Some parishes charge more for multiple addresses or repeated attempts.

   • Tip: Call the Clerk of Court before filing to ask for the current sheriff’s service fee in that parish.

2. Private Process Server

   • Cost Range: Generally $75 to $150, but can be higher for:

     • Rush service.

     • Difficult cases (e.g., evasive defendants).

     • Rural areas or long distances.

     • You must get court approval to use a private process server in most civil cases.

3. Long-Arm Service (Out-of-State Defendants)

   • Cost Range: Typically $10 to $25 for certified U.S. mail, plus postage

   • You may also pay a small fee to the Clerk of Court for preparing and mailing the certified service copy.

   • Total can range from $15 to $50 depending on how you mail and whether the court does it for you.

4. Curator (For Missing or Absentee Defendants)

   • Cost: Often around $150 to $300, depending on the attorney and the case's complexity.

   • Some courts allow a fee waiver if you qualify as low-income. For more information, see Asking the Court For a Fee Delayer Application - In Forma Pauperis (IFP). 

Important Notes:

• Always check with your Clerk of Court for exact local fees.

• Service fees are separate from court filing fees.

• If you can’t afford service, you may be able to file In Forma Pauperis (IFP) to request a fee waiver. For more information, see Asking the Court For a Fee Delayer Application - In Forma Pauperis (IFP). 

In Louisiana, you must request service of process within 90 days of filing your case.

Here’s How the Deadline Works:

• The 90-day clock starts the day after you file your petition.

• It includes weekends and holidays — it’s a calendar-day count, not business days.

• If the 90th day falls on a Sunday, you can request service on Monday.

• If the 90th day is a Saturday, request service by Friday.

No, not every document needs to be formally served by a sheriff. After the initial service of process, the parties can share most other documents directly. They do not need to go through the sheriff’s office.

Here’s the Breakdown:

1. Initial Petition or Lawsuit

   • Yes, this must be formally served (usually by sheriff, private server, or long-arm service).

   • Includes a citation that tells the other party they’ve been sued and what their deadlines are.

2. After the First Service (Routine Filings)

   • No, you don’t need to use the sheriff.

   • You must send the other party the following:

     • A copy by mail, fax, or hand delivery.

     • And include a Certificate of Service with your court filing.

Note: A Certificate of Service is a short statement confirming that you mailed, faxed, or delivered a copy of the document to the other party on a specific date.

Exceptions – When Sheriff’s Service Might Still Be Required:

• You’re filing something that adds a new party to the case.

• You’ve filed a motion or pleading that requires a court appearance, and the other party hasn’t responded or appeared yet.

• The judge or local court orders formal service.

To find out if service of process worked, check for proof of service filed with the court. This is often called a Return of Service.

What to Look For:

• Return of Service Document

  • This is a form completed and filed by:

    • The sheriff’s deputy

    • A private process server

    • Or the person completing long-arm service (if out-of-state)

  • It confirms:

    • Who was served

    • When, where, and how they were served

    • The name of the person who accepted the documents (if not the defendant)

You can ask the Clerk of Court to check if a Return of Service has been filed in your case.

For Long-Arm (Out-of-State) Service

• You should receive a certified mail return receipt (green card) or delivery confirmation.

• You must file that with the court to prove the person received the documents.

Signs That Service Was Not Successful

• The return form says “unable to locate,” “no answer,” or “person not at address.”

• Certified mail was returned undelivered.

• No proof of service has been filed within 90 days. 

 What You Should Do:

• Check with the Clerk of Court regularly to confirm status.

• If the service wasn’t successful, you may need to:

  • Try again at a different address

  • Use a private process server

  • Request to appoint a curator if the person cannot be found

If someone is trying to avoid service, you still have options. Louisiana law lets you keep your case moving forward. Courts know that people may try to avoid legal papers. Luckily, there are tools to handle this.

Step 1: Try Different Methods or Times

• Give the sheriff or process server more details:

  • Alternate addresses (work, relatives, hangouts)

  • The best times they’re usually home

  • Vehicle description or physical traits

  • A private process server may be more flexible and persistent than the sheriff.

Step 2: If Attempts Keep Failing — Take Action

• Option 1: File a Motion to Appoint a Private Process Server

  • A court-appointed private server can attempt service outside normal hours or in creative ways (e.g., early morning or weekends).

• Option 2: Ask the Court to Appoint a Curator (for Absentees)

  • If the person can’t be found despite good-faith efforts, you can ask the judge to appoint a curator attorney to accept service on their behalf.

• Option 3: Long-Arm Service (If Out of State)

  • If the person left Louisiana, you may be able to serve them by certified mail under the long-arm statute.

No, you do not need a lawyer to complete service of process in Louisiana, but it can help in more complicated situations. 

When You Can Handle It Yourself:

• You’re representing yourself (pro se) in a simple civil case like divorce, custody, or small claims.

• You know the location of the other party.

• You’re using standard service methods like sheriff’s service or waiver of service.

• You understand and follow the court’s deadlines and rules.

When a Lawyer May Be Helpful:

• The other party is avoiding service or cannot be found.
• You need to request a curator (for an absentee defendant).
• The person lives out of state or overseas.
• You’re dealing with a deployed military member or someone who is incarcerated.
• You’re not sure what method to use or how to properly complete service.

For more information, see Finding and Hiring a Lawyer.