What Do Process Servers in Louisiana Do

This article will guide What Due Process Servers in Louisiana Do? The documents required to be served on a defendant are considered to have been duly served if and only if a proper official has left it at the residence or regular place of abode of the person to be served with a person of adequate age and discretion. Click Here for Frequently Asked Questions About Process Servers!

Except as prohibited by law, a summons or other legal process may be served either personally or at the defendant’s usual residence. In Louisiana, a process server or the sheriff may serve someone at their home or place of business at any time of day or night, even on Sundays and holidays. Click here for information on How Rush Process Service Can Expedite Your Case.

BACKGROUND

If the sheriff’s office is unable to serve the defendant within ten (10) days, or if the service must be completed in a shorter amount of time, private process servers may be hired to do so. This is usually preferable to the sheriff’s office since the private process servers are further accountable to their clients and can provide specialized service. The other party’s residence or place of business is usually sufficient for the sheriff or constable to deliver legal documents. However, a ‘service return’ will be submitted to the Court when the sheriff is unable to affect service. In this case, the sheriff’s service report will indicate that no one could be located for service despite extensive efforts. Click here for information on How Service of Process Ensures A Solid Foundation.

A party may petition the Court to appoint a process server upon the filing of such a return or upon the sheriff’s failure to effect service within ten (10)days after receiving the process of service instructions. A party seeking appointment of a process server must demonstrate ‘good cause for the Court to do so without first requiring the sheriff to try service. A need for an immediate hearing would qualify as a good reason. Usually, a hearing is considered an emergency if it takes less than fifteen (15) days from the day the case was filed. Click here for information on How Process Servers Protect Your Rights: Myths Debunked

When a party being served does not have a fixed physical address in Louisiana. Still, the party requesting service knows the party’s actual presence or whereabouts; this may also be sufficient to establish good cause for service by the process.

Our Louisiana process servers serve all legal documents, including summons and complaints, divorce papers, family court documents, subpoenas, citations, small claims court cases, orders to show cause, petitions, discovery documents, evictions, landlord/tenant notices, motions, and more. We are a full-service process server agency providing services to federal, state & city agencies, law ﬁrms, attorneys, and the general public in Louisiana.

WHAT IS REQUIRED FOR THE PRIVATE PROCESS SERVICE PROCEDURE?

The party seeking an appointment of a process server must be aware of the address of the party to be served. A party seeking the appointment of a process server may also choose the individual to be appointed. Louisiana considers any private investigator with a valid license eligible to serve legal documents as a process server. Any fees associated with a process server’s services are the responsibility of the party seeking them. An Affidavit of Service must be filed by the private process server, including the manner of service (domiciliary vs. personal) and the day and hour of service. At Undisputed Legal, we ensure that the affidavit of service is completed accurately and provide GPS affidavits of service.

Further, to ensure that our clients are up to date as to where their documents are, we provide real-time email status updates. We also email our clients the affidavits of service before we mail the same. New clients also get a free basic skip trace.

A private process server must be hired and appointed by the party that is initiating the motion to do so. In order to have a private process server serve the petition, the client must first provide them with a copy of the citation and a certified copy of the petition. Licensed process servers may provide affidavits of service. The affidavit of service will be returned to the petitioner by the process server, and the petitioner must enter it into the suit record.

SPECIFICATIONS OF PROCESS SERVICE IN LOUISIANA

Service must be made by the sheriff or process server of the county in which service is to be made or in which the action is pending unless otherwise permitted by law. The date, location, and manner of service, together with adequate additional information, must be endorsed by the sheriff on a copy of the citation or other process to prove that service was made in accordance with the law. When received by the clerk, the return becomes part of the official record and is presumed to be accurate. Unless it seems that considerable injury would arise to the substantial rights of the person against whom the process was issued, the court may, at any time and under such conditions as are reasonable, allow any process or evidence of service thereof to be changed.

It is also possible to allow for a court-appointed process server. On motion of a party, the court shall appoint a person over the age of majority, not a party, and residing within the state whom the court deems qualified to make service of process in the same manner as is required of sheriffs if the sheriff fails to do service within ten days after receipt of the process or if a return is made certifying that the sheriff has been unable to do service, whichever is earlier.

On motion of a party, the court may appoint any person of legal age who is not a party to the proceeding and who resides within the state to make service of process, notices, and subpoenas in the same manner as is required of sheriffs, without first requiring the sheriff to attempt service. Louisiana Process service, also known as ‘service of process,’ is the procedure employed to give appropriate notice of initial legal action to another party (such as a defendant), court, or administrative body in an effort to exercise jurisdiction over that person so as to enable that person to respond to the proceeding before the court, body, or other tribunals. Notice is furnished by delivering a set of court documents (called ‘process’) to the person to be served; a process server performs process service.

The court may appoint a natural person to make service of process, or it may appoint a juridical person, which may then select an employee or agent of that juridical person to make service of process, provided the employee or agent perfecting service of process is a natural person who qualifies as an agent for service of process.

SPECIFICATIONS OF SERVICE

A copy of Rule 13.3201 must be sent to the defendant by the plaintiff’s attorney via registered or certified mail or hand-delivered by an individual designated by the court in which the suit is filed or by one authorized by the law of the place where the service is made to serve the process of any of its courts of general, limited, or small claims jurisdiction. The court will direct that service of process be performed on the nonresident by an attorney at law designated to represent the defendant. In this state, the service of a process performed this way has the same force and effect as if it had been served personally on the defendant.

At Undisputed Legal, we ensure that the service of papers in Louisiana is done pursuant to all the requisite rules and regulations. In addition to ensuring that service is complete, we provide different levels of service available. Our clients can avail themselves of either Routine Service, where the first attempt at service is made within five to seven days, or Rush Service, where the first attempt at service is made within forty-eight hours. We also provide service by mail, wherein the documents are mailed within twenty-four hours. Our process servers are local to the state of Louisiana, so we can ensure professionalism and due diligence in our Louisiana process service.

ACCEPTANCE OF SERVICE IN LOUISIANA

If a defendant is not present when an action or proceeding is initiated in their parish of domicile, service may be made on them in any parish of the state. Our process servers are local to Louisiana, so even locating an evasive defendant may be done effectively. If no date is included on an acceptance of service, it will be deemed effective as of the date it is filed with the court. Any delays permitted by law or the local rules of court apply regardless of whether or not the service was accepted.

On the motion of a party, the court should appoint a person of legal age who is not a party and who resides within the state, and who the court deems qualified to make service of process in the same manner as is required of sheriffs if the sheriff fails to do service within ten days of receipt of the process or if a return is made certifying that the sheriff has been unable to do service, whichever is earlier. Such service of process must be admissible in evidence as if it were any other fact in the proceeding. Anyone holding a valid private investigator license in Louisiana is automatically considered competent to do service.

On motion of a party, the court may appoint any person of legal age who is not a party and who resides within the state to make service of process, notices, and subpoenas in the same manner as is required of sheriffs without first requiring the sheriff to attempt service.

OUR PROCESS

Documents can be faxed to (800) 296-0115, emailed to ps@undisputedlegal.com, or uploaded to our website. We do require prepayment and accept all major credit and debit cards. Once payment is processed, your sales receipt is immediately emailed for your records.

Drop-offs must call and make an appointment first to be added to building security to permit access to our office. Documents for service must be in a sealed envelope with payment in the form of a money order or attorney check (WE DO NOT ACCEPT CASH) payable to UNDISPUTED LEGAL INC.; Our receptionist receives all documents.

DOMESTIC COVERAGE AREAS:

INTERNATIONAL COVERAGE AREAS:

OFFICE LOCATIONS

New York: (212) 203-8001 – 590 Madison Avenue, 21st Floor, New York, New York 10022
Brooklyn: (347) 983-5436 – 300 Cadman Plaza West, 12th Floor, Brooklyn, New York 11201
Queens: (646) 357-3005 – 118-35 Queens Blvd, Suite 400, Forest Hills, New York 11375
Long Island: (516) 208-4577 – 626 RXR Plaza, 6th Floor, Uniondale, New York 11556
Westchester: (914) 414-0877 – 50 Main Street, 10th Floor, White Plains, New York 10606
Connecticut: (203) 489-2940 – 500 West Putnam Avenue, Suite 400, Greenwich, Connecticut 06830
New Jersey: (201) 630-0114 – 101 Hudson Street, 21 Floor, Jersey City, New Jersey 07302
Washington DC: (202) 655-4450 – 1101 Pennsylvania Avenue, N.W. Suite 300, Washington DC 20004

FOR ASSISTANCE SERVING LEGAL PAPERS IN LOUISIANA

Simply pick up the phone and call Toll Free (800) 774-6922 or click the service you want to purchase. Our dedicated team of professionals is ready to assist you. We can handle all your process service needs; no job is too small or too large! Click Here for a complete list of our Louisiana Process Service Coverage Areas!

Contact us for more information about our process-serving agency. We are ready to provide service of process to all of our clients globally from our offices in New York, Brooklyn, Queens, Long Island, Westchester, New Jersey, Connecticut, and Washington, D.C.

“Quality is never an accident; it is always the result of high intention, sincere effort, intelligent direction, and skillful execution; it represents the wise choice of many alternatives”– Foster, William A

Sources

1. In summary procedures, one of the parties might have the other party served by a process server instead of waiting up to ten (10) days for the sheriff to try service. Custody, visitation rights, spousal The Court can often handle summary procedures faster than other matters.

2. However, this individual must meet the following criteria:

over the legal drinking age (18 years of age),
native or permanent resident of the State of Louisiana, and
someone who is not involved in the legal action.

3. After service, he must sign the copy and submit it to the issuing court clerk as soon as possible.

4. Such service of process must be admissible in evidence as if it were any other fact in the proceeding. Anyone holding a valid private investigator license in Louisiana is automatically considered competent to do service.

5. The party filing such a motion must contain the grounds, proven by affidavit, required to forgo service by the sheriff, including but not limited to: the urgent emergency nature of the hearing; knowledge of the current location of the person to be served; and any other good cause indicated.

6. This applies to both services of notice of the proceeding and service of subpoenas related to the proceeding under Article 2592.

7. Service of a subpoena and making a return thereon shall be made in the same manner and with the same effect as service of and return on a citation. Service of a witness subpoena may be done through personal service on the witness’ attorney of record.

8. If a defendant may be served in the parish where an action or procedure has been instituted rather than the parish where the defendant resides, then the defendant need not be present for service of citation or other legal processes. In any other case, the clerk of the court from which the process was issued may have it sent to any parish where the defendant may be located, and service may be conducted by the sheriff or a constable of that parish.

9. A copy of any pleading, document, or notice that may be served by mail or delivery on an attorney of record in any civil action or proceeding may also be served by delivering a copy to the attorney by means of a telephonic facsimile communication device, provided the attorney keeps such a device at his office. It is in working order at the time service is made. When service is made using a telephonic facsimile communication device, the party or attorney doing the service must submit in the record a certificate to that effect.

10. The party filing such a motion must contain the grounds, proven by affidavit, required to forgo service by the sheriff, including but not limited to: the urgent emergency nature of the hearing; knowledge of the current location of the person to be served; and any other good cause indicated.