There are various ways to serve papers for a civil procedure in Louisiana, the statutes of which are indicated in the Louisiana Code of Civil Procedure. Service on representative is one of the ways to do so, which we will discuss in detail in this article.
First, let’s discuss the background.
How Do You Serve Legal Papers in Louisiana?
There are no limitations to when papers can be served in Louisiana. Civil documents or citations may be served during the day, night, and even on Sundays and holidays.
A proper official—sheriff, deputy, constable of a justice of the peace court, or marshal of a city court—must be present to serve summons, citations, and other process services to the defendant’s residence, habitual place, or domiciliary establishment.
The following are the ways citation or other processes are served in Louisiana:
- Personal service – When the officer personally serves the documents to the intended person.
- Same; where made – This refers to a situation where the officer has to go anywhere to reach and serve the intended person with the papers.
- Domiciliary service – The officer leaves the documents at the recipient’s residence. If they are not around, the process must be received by a person of “suitable age and discretion.”
- Service on representative – Papers are given to a legally recognized representative.
- Service on incarcerated person – Legal papers are left with the warden or the officer-in-charge during the shift.
- Service on clerical employees of physicians – The documents may be delivered to the clinic when it is intended for the clerical employee of the said physician.
- Service on individual in multiple capacities – If a person is sued in various capacities, personal service is already sufficient.
Let’s discuss service on representative in detail.
What Does Service on Representative Mean?
This is a service made on the defendant, who is represented by another person by virtue of a court appointment, operation of law, or mandate. The service can be done through personal or domiciliary service, and the representative is the one to receive the legal papers.
The representative may be an attorney, who may also be served through their office secretary. Legally speaking, the secretary is the person assigned to an attorney and is in charge of keeping records and sending and receiving correspondence on behalf of the lawyer.
When Process Servers Take Over Process Serving
The sheriff has its duty in its area of responsibility. So, if after five days the sheriff still hasn’t served the papers, a party may request for a process server to accomplish the task.
Some states require their process servers to be licensed, registered, certified, or bonded—but not in Louisiana. Two of the basic qualifications of a Louisiana process server are that they are of legal age and are not an interested party in the civil case.
What documents require a process server?
- Eviction notices
- Orders to show cause
- Small claims papers
If you need a process server, get in touch with Lafayette Process Servers LLC by emailing [email protected] or calling 1-866-237-2853.
Louisiana State Legislature. (23 August 2022). Code of Civil Procedure. https://www.legis.la.gov/legis/Laws_Toc.aspx
Lafayette Process Servers. (23 August 2022). Louisiana Process Service. https://lafayette-process-servers.com/process-server/
The foregoing podcast has simply been presented for informational purposes only. He or those at Lafayette Process Servers LLC, are not attorneys. Process serving laws and rules of civil procedure are different from state to state. If you seek further information about this topic, please make sure to contact an attorney in your local area
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