[Your Name] [Your Address] [City, State, Zip Code] [Email Address] [Phone Number] [Date] [Defendant's Name] [Defendant's Address] [City, State, Zip Code] Subject: Request for Service of Summons Dear [Defendant's Name], I hope this letter finds you in good health. My name is [Your Name], and I am writing to inform you that you have been named as a defendant in a legal matter currently pending in the [Court Name] located in [City, State]. Pursuant to the laws of Louisiana, I kindly request your cooperation in accepting this Summons so that the legal process can proceed accordingly. According to the court records, you are being summoned to appear in this case [Case Number] filed against you by [Plaintiff's Name]. The purpose of this letter is to ensure that you are aware of the lawsuit and to provide you with the necessary details regarding your involvement. It is crucial that you understand the significance of this legal matter and respond promptly to any summons or court notifications. Please note that the lawsuit alleges [briefly mention the nature of the allegations]. We encourage you to seek legal advice and representation to fully understand your rights and responsibilities in this matter. It is important that you respond to the summons within the specified timeframe as set by the court rules. As part of the legal process, it is required that you be formally served with the legal documents. This ensures that you have proper notice of the lawsuit and an opportunity to present your defense. I kindly request your cooperation in accepting the service of summons by consenting to the following methods: 1. Personal Service: A process server will personally deliver the summons and related documents to you at your designated address during business hours. 2. Substitute Service: If personal service is not possible due to your absence or refusal to accept, the server may leave the summons and related documents with a suitable person over the age of 18 residing or employed at your address. This individual must be informed of the nature of the documents being left and their importance. 3. Posting and Mailing: If personal or substitute service is not possible, the process server may post the summons and related documents on your residence's outer door and simultaneously mail them to your last known address via certified mail. Please provide your agreement to accept service by signing and dating the attached acknowledgment form. By doing so, you ensure that the legal process proceeds smoothly, allowing both parties to present their respective sides and reach a fair resolution. In case you have any questions or require additional information, it is recommended that you seek legal counsel. Your failure to respond to this summons may result in a default judgment being entered against you. Thank you for your attention to this matter, and I hope for a timely resolution to this lawsuit. Sincerely, [Your Name]
Louisiana Sample Letter for Request to Serve Summons Upon Defendants
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Long-arm service by registered or certified U.S. mail must be properly addressed to the party at their place of domicile or postal address and mailed with proper postage. This type of service may also be accomplished by use of a commercial courier such as FedEx or UPS.
Generally, the 5 steps to filing a lawsuit in Louisiana include: Investigate. Gather all relevant evidence. Write the petition for damages. File the petition for damages in the correct court. Serve the petition and summons on the defendant.
When long-arm service is used, a default judgment cannot be rendered against a defendant and no hearing can be held (except for domestic violence protective order cases) until thirty (30) days after the filing of the Affidavit of Long-Arm Service in the suit record.
Generally speaking, if you were not served then the court can not take legal action against you. Process servers are required to show proof of due diligence when attempting to serve legal documents.
The state of Louisiana is unique in that nearly all civil actions have a one-year statute of limitations (most states range from two to five years for more claims). The exceptions are the three-year limits on collections of rent and debts and a 10-year statute of limitations for contracts and judgments.
The filing party must request service of the citation on all named defendants within ninety (90) days of the date of filing commencing the case. The Court counts 90 calendar days beginning on the day after the date of the filing of the petition for divorce.
(2)(a) When the defendant is not continued in custody subsequent to arrest, an indictment or information shall be filed within ninety days of the arrest if the defendant is booked with a misdemeanor and one hundred fifty days of the arrest if the defendant is booked with a felony.
Default judgment in parish and city courts. A. In suits in a parish court or a city court, if the defendant fails to answer timely, or if he fails to appear at the trial, and the plaintiff establishes a prima facie case by competent and admissible evidence, a default judgment in favor of the plaintiff may be rendered.
