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

A civil action, such as divorce or eviction, starts when the plaintiff files a petition or motion. The plaintiff must file in the correct Louisiana court and parish based on the type of case.

The party that filed must ask the Sheriff to serve the other party (defendant/respondent). They need to deliver a citation and a copy of the filed documents.

This request is usually made when filing or soon after by submitting a Request for Service Form. Make your request within 90 days of filing to prevent delays or dismissal

Sheriff’s service is not free. You must pay a separate fee for the sheriff to deliver the papers and your court filing fee. You must pay the sheriff’s fees upfront before the sheriff attempts service.

How much does it cost?

The cost varies by parish and type of service. In many parishes, sheriff’s service fees range from $30 to $60 per person. This amount can change for several reasons. These include having multiple defendants, serving at different addresses, mileage, or extra attempts.

The Clerk of Court sends the citation and pleadings to the Sheriff’s Civil Division. This is done in the parish where the defendant will be served.

A civil deputy receives the case, the documents, and the address to attempt service. 

A civil deputy sheriff attempts to: 

• Personally serve the individual (hand the papers directly to them), or 

• Domicilliary serve by leaving the papers with someone of suitable age and discretion at the person’s home. 

Other methods of service may include: 

• Service on Agent: If the defendant has a registered agent, which is common for businesses, service is done on that agent.

• Long Arm Statute: Lets someone in Louisiana serve legal papers to a person or business outside the state.

When a sheriff serves legal papers, like a citation, they must note the date, place, and method of service on a copy. The deputy prepares a Return of Service or Sheriff’s Return. They also have to include enough details to show that the service follows the law.

The sheriff returns the proof of service to the Clerk of Court, who files it in the official court record.

Notes:

• The Sheriff’s Return shows whether the deputies did the service right. 

• Courts won’t proceed with default judgments or hearings until someone completes the service correctly.

If the deputy can’t finish the service, they file a Non-Service Return. This explains why, such as the person not being found, an incorrect address, or if they’ve moved.

You Must Take Action

You’ll need to correct the issue before the case can proceed. You may need to: 

• Provide a new address for another service attempt. 

• Request a private process server (if the court allows it).

After service, the defendant has a limited time to respond:

• 21 days to file an answer in most civil cases. If discovery is served with the petition, the deadline extends to 30 days. 

• 30 days if served via long-arm statute. 

• Shorter deadlines may apply in things like evictions or protective/restraining orders.

If the defendant responds with an answer or motion, the case moves forward. It goes through the usual steps of litigation—pre-trial, motions, hearings, discovery, and procedure until a resolution is reached, either by trial, settlement, or dismissal.

If the defendant misses the deadline, you can file for a Default Judgment. Follow these general steps:

• In many parishes, the court grants it automatically after 21 or 30 days. No preliminary default is required. Louisiana eliminated the requirement for preliminary default before confirming a final default judgment. 

• Important: The judge still needs evidence or testimony before signing a default judgment, even if they don’t respond. To obtain a default judgment, you must establish a prima facie case by submitting: 

  • Affidavits and Exhibits: Containing facts sufficient to establish your claim.  

  • Proposed Default Judgment: Original and at least one copy. 

  • Proof of Service: Documentation showing the defendant was properly served.

  • Certification from the Clerk: Stating no answer or other pleading has been filed by the defendant.

The plaintiff (petitioner) begins by filing a petition with the appropriate court in the appropriate parish.

Visit the Clerk of Court where you filed your case and request a certified copy of the petition or document. There may be a small fee to pay to get a certified copy. 
Note: If you file additional or amended pleadings, you might need to start a new service of process or waiver.

The plaintiff or their lawyer completes an "Acceptance of Service" or "Waiver of Service and Citation" form. This document includes the case name, court, and docket details. The defendant gives up formal service and shows the date they received the petition. There are also spaces for a signature and a notary.

The plaintiff personally gives the following to the defendant: 

• A certified copy of the petition that you filed with the court.

• The Citation (issued by the clerk of court)

• The Acceptance or Waiver of Service form (ready for the respondent to sign and notarize) 

This process typically involves sending an acceptance or waiver. This includes a form that confirms you received a certified copy of the petition. It also waives formal citation, service of process, and all legal delays. It includes the notice of trial and the need to appear at trial.

The petitioner may also deliver the papers to the respondent by: 

• Hand delivery - In-person

• Through mutual contacts or their attorney. 

Note: The key point is that the defendant gets the documents on their own. They do not receive them from a sheriff or a private process server

The respondent must check the petition and citation. Then, they need to sign the document in front of a notary. You need to do this for divorce cases. For divorce cases, this waiver must be in the form of a notarized affidavit. 

By signing, they acknowledge receipt of the petition and waive formal service. The form usually includes language confirming they,

• Received the petition and citation. 

• Waive formal service. 

• Understand they are not admitting to anything by signing.

Notes: 

• The respondent is not required to sign. If they don’t, formal service is needed. 

• Signing the waiver doesn't mean the respondent agrees with the petition. It just means they give up their right to be formally served.

The defendant sends the signed and notarized acceptance or waiver of service back to the plaintiff or their attorney. They may also return it directly to the Clerk of Court, depending on what they agreed upon.

The plaintiff files the signed acceptance or waiver of service with the Clerk of the Court. They also include the affidavit of service. This becomes part of the case record. This filing waives the need for formal service. The case can then proceed as if someone completed the service.

After filing the acceptance or waiver, the plaintiff can proceed. They can make motions, hold hearings, or seek judgments. For example, they might request a default judgment if the defendant doesn’t respond. Alternatively, they can file a consent judgment if both parties agree.

The plaintiff (petitioner) begins by filing a petition with the appropriate court in the appropriate parish.

Request certified copies of the petition and citation from the Clerk of Court. This is where the case was filed. A small fee is usually required to get your copies.

A person living in another state can be served using long-arm service in these ways:

1. Registered or certified mail at his place of domicile or postal address. 

2. An Authorized Officer who can make service where the defendant resides. Usually, someone must mail the process to a sheriff in another state. They need to include an affidavit with it. A fee is usually charged by the out-of-state sheriff. 

3. Private Process Server authorized by the court.

You must send long-arm service by registered or certified U.S. mail. You need to address it to the party's home or postal address and mail it with proper postage. You can also use a commercial courier like FedEx or UPS. You need proof of delivery or delivery confirmation, whether you use a courier or the U.S. Postal Service.

When you complete service by registered or certified U.S. mail or courier service, an Affidavit of Long-Arm Service must be prepared and filed with the court. The affidavit must state that: 

• The filing party mailed the process to the defendant.,

• Enclosed in an envelope with proper postage and properly addressed.

• Identify the contents (citation and certified copy of the petition) of the envelope. 

• The date the sender deposited it in the U.S. mail. 

• Note: Attach the U.S. mail return receipt card (green card) to the affidavit.

To serve process where the defendant lives, first locate the out-of-state sheriff. Then, mail them the petition and the affidavit. A fee is usually charged by the out-of-state sheriff.

The party requesting service must help with long-arm service through an authorized officer. They must also file the Affidavit of Long-Arm Service with the Clerk of Court in Louisiana.

Once a private process server finishes the service, they must provide an Affidavit of Long-Arm Service. This affidavit confirms that the process server gave a certified copy of the petition and citation to the defendant. It must also include the date, place, and method of delivery.

Default judgments or hearings can only happen 30 days after filing the Affidavit of Long-Arm Service in court. Protective/restraining orders may have shorter timelines.

Private process service is allowed when:

• The sheriff has been unsuccessful in serving the papers after 10 days, or

• The case qualifies as a summary proceeding (e.g., child custody, child support, spousal support, injunctions), or

• There is good cause (e.g., an emergency hearing or knowledge of the party’s temporary location).

The chosen person must:

• Be at least 18 years old,

• Reside in Louisiana,

• Not be a party to the case,

• (Ideally) be a licensed private investigator (automatically considered qualified).

All fees for private service are the responsibility of the party requesting it. You pay the private process server, as required, directly - not the court.

Prepare and file a Motion to Appoint Private Process Server with the court, including the following:

• The name and contact information of the person you want to appoint. 

• A statement explaining why private process service is necessary or preferable. 

In some cases, this can be included in the initial pleading or a separate ex parte motion.

A judge must sign an order granting permission to use a private individual to serve process. Once signed, the person named in the order is officially authorized to serve process in that case.

Give the private process server the citation and a certified copy of the petition to serve.

The authorized server must: 

• Deliver the documents to the party being served.

The private process server is required to submit an affidavit of how (domiciliary or personal) and when (date and time) the service of process was made on the defendant.

• The process server will fill out an Affidavit of Service. This document will include when, where, and how the service happened

  • If no service happens, you still need to file an affidavit from the private process server. This affidavit should explain the attempts made and the reasons for failure.

  • If the party isn’t successfully served, the court cannot proceed with the case. You may try to request additional methods of service. 

  • You must notarize this affidavit. 

• You must file this affidavit with the court to prove service was properly made.

• This affidavit becomes part of the official court record.

In Louisiana, if a defendant is missing or their location is unknown, a court can appoint a curator ad hoc. The court can appoint someone to manage legal issues for the missing defendant. This person represents the defendant in legal matters. 

Here’s a breakdown of the process: 

Step 1: Determine Absentee or Missing Status 

Before a court will appoint a curator, the plaintiff must establish that the defendant is “absentee” as defined in the Louisiana Code of Civil Procedure. 

An absentee is someone who: 

• Does not reside in the parish where the suit is brought, or 

• Has departed the state or is concealing their whereabouts, and 

• Cannot be served through usual methods (personal or domiciliary service). 

The plaintiff must show “due diligence” in trying to locate the defendant. This might include: 

• Checking with the DMV or the postal service 

• Searching public records 

• Attempting contact at known addresses or via social media

• Possibly hiring a private investigator. 

Step 2: Request an Appointment of the Curator 

The plaintiff asks the court, by motion or petition, to appoint a curator ad hoc. The curator ad hoc represents the absentee. This involves submitting an affidavit of diligent search to the court. You also include the proposed order appointing a curator. You may also suggest a specific licensed attorney from Louisiana.

Step 3: Court Appoints Curator ad Hoc 

If the judge thinks the defendant is missing or can't be found, the court will appoint a curator ad hoc by order. The court usually picks a local, approved Louisiana attorney. This lawyer represents the absentee’s interests during the process. 

Step 4: Service on the Curator 

The curator is formally served with the petition and citation for the absentee. The absentee is now considered “served.”

Step 5: What the Curator Does Next 

Once appointed and served, the curator ad hoc has real responsibilities: 

• Review the case and the absentee’s potential interests.

• Try to reach out to the absentee if they can. 

• File answers or motions if appropriate.

• Appear at hearings and participate in the proceedings.

• May file reports or make recommendations.

Example: In a divorce or property dispute, the curator might file a general denial and attend hearings to ensure the absentee’s rights are not unjustly violated.

Step 6: Resolution of the Case

After the curator participates and the case proceeds:

• The matter may go to trial, default, or settlement.

• The court may render a judgment against the absentee, even if the curator cannot locate them.

Links to the Law 

Art. 5091. Appointment; contradictory proceedings against attorney; improper designation immaterial 

Art. 5092. Qualifications; suggestions for appointment not permitted

Art. 5093. Oath not required; waiver of citation and acceptance of service

Art. 5094. Duties; notice to nonresident or absentee

Art. 5095. Same; defense of action

Art. 5096. Compensation

Art. 5097. Attorney appointed to represent claimant in worker’s compensation case

Art. 5098. Validity of the proceeding not affected by failure of attorney to perform duties; punishment of attorney

An incarcerated person in Louisiana is served in jail or a detention facility. This happens through personal service to the warden or their designee for the shift. The warden or the officer in charge will deliver the documents to the incarcerated defendant. Proof of service is required. The person delivering the papers must record the citation or pleadings served to the defendant in jail

Here’s a general breakdown of the process:

Step 1: Service on the Warden or Designee

The first step is to deliver the legal documents. This means bringing a citation and petition to the warden of the facility. You can also give them to the warden’s designated representative on duty. This is the official act of service.

Step 2: Warden’s Responsibility to Serve the Inmate

The warden or their designee must personally serve the incarcerated individual after getting the documents. This personal service must happen without delay. The warden should complete it within ten days after receiving the documents. If the warden can't provide personal service on time due to outside reasons, they must note this on the documents and return them to the issuing court.

Step 3: Proof of Service

To establish that service has been completed, the person who initially served the documents to the warden must file an affidavit in the court record showing proof of service. This affidavit should detail the service on the warden and, if applicable, include confirmation that the warden or designee served the incarcerated individual. 

Step 4: Effective Date of Service 

The date of service is when the incarcerated person is personally served. This is noted in the affidavit. If no affidavit is filed and the warden does not return the documents, service is ineffective. This happens ten days after the warden receives the documents.

Additional Considerations

• Locating the Incarcerated Individual: Before initiating service, it’s essential to confirm the individual’s current location. The Louisiana Department of Public Safety & Corrections offers an Imprisoned Person Locator, which can be accessed online or by calling (225) 383-4580. You’ll need the individual’s name and date of birth or their Department of Public Safety & Corrections (DPS&C) number. For more information, see Locate a Person in Prison. 

• Mailing Legal Documents: If you’re sending any legal documents by mail, ensure they are addressed correctly, including the incarcerated person’s name and DPS&C number. Be aware that unless the documents originate from a recognized law office, they may be treated as regular mail and are subject to inspection by prison staff.

• Assistance with Service: If you’re unfamiliar with the service process or need assistance, consider contacting the civil division of the sheriff’s office in the parish where the facility is located. They can provide guidance or carry out the service on your behalf.

Links to the Law

Art 1235.1. Service on incarcerated person

The Clerk of Court, wherever the suit has been filed, will not make service for out-of-state defendants. The petitioner has to make it happen. 

When serving legal documents to someone incarcerated outside Louisiana, the process involves Louisiana’s long-arm statute and specific procedures for serving incarcerated individuals. 

Here’s a step-by-step guide:

Step 1: Determine the Inmate’s Location

Identify the exact facility where the person is incarcerated, whether it’s a state or federal prison. This information is crucial for directing the service appropriately.

Step 2: Prepare the Legal Documents 

Get certified copies of the petition and citation from the Louisiana court where the case is filed. These documents are necessary for the service. 

Step 3: Choose the Method of Service

The Clerk of Court where the suit has been filed will not make service for out-of-state defendants. Louisiana law provides several methods for serving out-of-state incarcerated individuals: 

• Certified or Registered Mail: Send the documents directly to the inmate’s mailing address at the correctional facility. Ensure you receive a return receipt as proof of delivery.

• Authorized Officer in the Other State: Contact the sheriff or a constable in the county where the facility is located to serve the documents. This may involve fees and specific procedures. 

• Private Process Server: Hire a process server authorized to operate in the state where the inmate is located. They can deliver the documents directly to the facility. 

Note: Service in federal prisons usually requires that the local authorized person in that state (sheriff or constable) make that service. 

Step 4: Provide Necessary Affidavits

After service is completed, proof of service must be filed with the Louisiana court, including an affidavit explaining how service was carried out. 

• For Mail Service: Include the date of mailing, the address used, and attach the return receipt (green card receipt). 

• For Service by an Officer or Process Server: Include the name of the person who served the documents, the date, time, and manner of service, and any acknowledgments received.

If no affidavit is provided, the petitioner can use the long-arm service receipt instead. Service may be considered complete 10 days after the prison official signs the green card, plus 30 days after the long-arm service affidavit is filed in the court record — a total of 40 days.

Step 5: Understand the Waiting Period 

Louisiana law requires a 30-day waiting period after the affidavit of service is filed before a default judgment can be entered against the defendant. This allows the incarcerated individual time to respond.

In Louisiana, if a person who is a deployed military service member needs to be served with legal papers (such as for a civil lawsuit, divorce, custody, child support, etc.), special protections and procedures apply under both state law and federal law — specifically the Servicemembers Civil Relief Act (SCRA) and Louisiana’s procedural laws.

Under Louisiana law, the default rule is that the defendant must be personally served with legal documents. This applies even if they are in the military, unless alternative service is allowed by the court.

If the person is deployed and you don’t know where they are or can’t physically serve them, you may:

• Request substituted service, such as filing a Motion for Appointment of Curator, but you’ll need to show the court that you made diligent efforts to locate and personally serve them.

• Some Louisiana courts may allow service by mail or other alternative means, with court approval.

Affidavit of Military Service

If the service member does not respond to the legal documents, the court cannot simply issue a default judgment. Instead, the party requesting the judgment must file an Affidavit of Military Service. This affidavit tells the court whether or not the defendant is currently serving in the military.

To complete the affidavit, you’ll typically need to:

• Verify the person’s military status through the Department of Defense’s SCRA website.

• If they are not in military service, the affidavit will state that.

• If they are in service or their status is unknown after a diligent search, the affidavit must reflect that as well.

This affidavit is important because Louisiana courts cannot issue a default judgment against a military member unless certain steps are taken to protect their rights under the SCRA.

Protections Under the SCRA

If the service member does not respond to the lawsuit:

• The court must first determine whether the person is in military service.

• If so, it must appoint an attorney to represent the service member, if necessary.

• The court must allow the service member to respond or request a stay (a pause in the proceedings) before proceeding further.

Serving a non-resident of Louisiana who is located in another country involves both Louisiana state procedures and international service rules, typically governed by treaties like the Hague Service Convention. 

Check whether the country where the person resides is a signatory to the Hague Service Convention. See https://travel.state.gov/content/travel/en/legal/travel-legal-considerations/internl-judicial-asst/Service-of-Process.html for countries that allow service by international mail and the rules under The Hague Convention on the Service Abroad of Judicial and Extra-Judicial Documents in Civil or Commercial Matters.

If the country isn’t a Hague Convention signatory, service may be done through: 

• Letters rogatory (formal request to a foreign court) 

• Personal service under the foreign country’s laws

• Service by mail (only if allowed)

• Or through diplomatic channels. 

Louisiana courts usually allow service by: 

• International treaty-compliant service, or 

• Personal service per the laws of the foreign country, 

• Letters rogotary, 

• Or via a special court order if other methods are impractical.