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Serving an Individual or Persons

The following information surrounds the laws for serving a individual.  If you have any questions about the specific ways we serve a company please give us a call at 337-254-8169 and we would be happy to answer any questions.  It is recommended when you are seeking a Person Who Serves Legal Papers that you leave it up a professional Legal Process Server.

Service on Persons

Art. 1231. Types of service; time of making

Service of citation or other process may be either personal or domiciliary, and except as otherwise provided by law, each has the same effect. Service, whether personal or domiciliary, may be made at any time of day or night, including Sundays and holidays.

Art. 1232. Personal service

Personal service is made when a proper officer tenders the citation or other process to the person to be served.

Art. 1233. Same; where made

Personal service may be made anywhere the officer making the service may lawfully go to reach the person to be served.

Art. 1234. Domiciliary service

Domiciliary service is made when a proper officer leaves the citation or other process at the dwelling house or usual place of abode of the person to be served with a person of suitable age and discretion residing in the domiciliary establishment.

Case Notes:

  1. Person’s domicile of origin continues until another is acquired. Change in domicile requires physical presence of individual in new domicile coupled with present intent to permanently reside in new domicile. In establishing domicile, intent is based on actual state of facts and not what one declares them to be. Pattan v. Fields, 669 So.2d 1233 (La. App. 1 Cir., 1995); writ denied 661 So.2d 1341, 1342.
  2. An 11-year-old was of suitable age and discretion to accept service on behalf of his stepfather concerning notice of default judgment where deputy asked questions designed to ascertain if child was of suitable age and understanding before making service. First Nat. Bank of Jefferson Parish v. Rall, 607 So.2d 716 (App. 4 Cir., 1992).

Art. 1235. Service on representative

  1. Service is made on a person who is represented by another by appointment of court, operation of law, or mandate, through personal or domiciliary service on such representative.
  2. Service on an attorney, as a representative of a client, is proper when the attorney’s secretary is served in the attorney’s office.
  3. For the purposes of this Article “secretary” shall be defined as the person assigned to a particular attorney and who is charged with the performance of that part of the attorney’s business concerned with the keeping of records, the sending and receiving of correspondence, and the preparation and monitoring of the attorney’s appointments calendar.

Art. 1235.1. Service on incarcerated person

Service is made on a person who is incarcerated in a jail or detention facility through personal service on the warden or his designee for that shift. The warden or his designee shall in turn make personal service on the person incarcerated. Proof of service shall be made by filing in the record the affidavit of the person serving the citation and pleadings on the person who is incarcerated.

Art. 1236. Service on clerical employees of physicians

Service on any physician, when not a party to an action, may be made at his or her office through personal service on any clerical employee of such physician.

Art. 1237. Service on individual in multiple capacities

In cases wherein an individual is named in pleadings in more than one capacity, personal service on that individual is sufficient to constitute service of process on that individual in all capacities, including but not limited to as an individual, tutor, or a representative of a legal or quasi legal entity, when it is clear from the pleadings or service instructions the capacities in which the individual is being served.

Louisiana Process Server Requirements

Domiciliary service is made when a proper officer leaves the citation or other process at the dwelling house or usual place of abode of the person to be served with a person of suitable age and discretion residing in the domiciliary establishment.

Louisiana Rules of Civil Procedure

Please note that lobbyists are active in the state of Louisiana and laws concerning civil procedure and process serving can change. Therefore the information listed above may have been amended.  For updated process serving legislation, please visit the Louisiana Courts web site.

You should contact an Louisiana Process Server if you have specific questions about Process Serving in Louisiana.