Louisiana State Process Service

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In Louisiana, the service of process is governed by the Louisiana Code of Civil Procedure (CCP). Here are some key rules for service of process in Louisiana:

1. Methods of Service

Louisiana allows several methods of service, including:

Personal Service: This is the preferred method. The defendant is personally served with the citation and petition by a sheriff, deputy, or process server.
Service by Mail: Service can be made by mailing a copy of the petition and citation to the defendant by certified mail, return receipt requested. This is a valid form of service only if the defendant signs the return receipt.
Service by Publication: If the defendant cannot be located, service may be made by publication in a newspaper if authorized by the court.
Service on Corporations: For service on a corporation, service is made on the corporation’s registered agent or, if none exists, at the corporation’s principal office.

2. Who May Serve Process

Process may be served by:

A sheriff or deputy sheriff of the parish where the service is made.
A private process server certified by the court.
Any person who is at least 18 years old and not a party to the case.

3. Service on Individuals

Personal service is required on an individual defendant. The sheriff or process server must serve the defendant directly, usually by delivering the petition and citation to them in person.
Substituted service: If the defendant cannot be found at their home or business address, the server may leave the documents with someone of suitable age and discretion at the location, or with a person who lives with or works with the defendant. In some cases, the defendant can be served at their workplace.

4. Service on a Corporation or LLC

Service on a corporation can be made on its registered agent, or in the absence of a registered agent, to an officer of the corporation or the person in charge at the corporation’s principal place of business.

5. Service on the State

When suing the State of Louisiana or a state agency, service is made to the Attorney General, along with the agency involved.

6. Proof of Service

After service is made, the person who served the documents must file proof of service with the court. This can be in the form of a sheriff's return, a signed affidavit from a process server, or the signed receipt from certified mail.

7. Timing of Service

A summons must be served within 90 days of the filing of the lawsuit. If not, the plaintiff may have to re-file or request an extension.

8. Defendants Outside Louisiana

Service on defendants outside of Louisiana can be made in compliance with the Louisiana Long Arm Statute or under the Uniform Interstate Family Support Act (UIFSA) if applicable. Alternatively, service may be executed through the Louisiana Secretary of State for out-of-state defendants.

9. Defenses Based on Service

If a defendant challenges service, the burden is on the plaintiff to prove that service was made properly.

If service is not made in accordance with the rules, the lawsuit may be dismissed or the defendant may have the option to request the case be dismissed without prejudice.