The Louisiana Notice of Lawsuit and Request for Waiver of Service of Summons is a document used by plaintiffs to initiate a civil lawsuit in the state of Louisiana. It is used to inform the defendant of a pending lawsuit and to request that the defendant waive the service of summons. The document must be served on the defendant before the lawsuit can proceed. There are two types of Louisiana Notice of Lawsuit and Request for Waiver of Service of Summons: (1) a traditional Notice of Lawsuit and Request for Waiver of Service of Summons, which is used in ordinary civil lawsuits; and (2) an Abbreviated Notice of Lawsuit and Request for Waiver of Service of Summons, which is used in certain summary proceedings, such as those relating to child support or spousal support. The Notice of Lawsuit and Request for Waiver of Service of Summons must include the name of the court and the case number, the name of the plaintiff and the defendant, the nature of the case, the date of the filing of the lawsuit, and the date by which the defendant must respond to the request for waiver. It must also include a statement informing the defendant of their right to be represented by an attorney. The Abbreviated Notice of Lawsuit and Request for Waiver of Service of Summons must include the same information as the traditional Notice, but in a condensed format. Once served, the defendant must return the signed request for waiver of service of summons to the plaintiff within 30 days. If the defendant does not respond within this time frame, the plaintiff must serve the defendant with the summons and complaint via certified mail or a process server.
Louisiana Notice of Lawsuit and Request for Waiver of Service of Summons
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FAQ
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.
If you can't find an attorney to prepare a response in time, you can ask the court for more time. This is done by a motion for extension of time to respond. If the judge grants this motion, you can get up to 30 extra days to respond to the suit. We have a motion for you to fill in.
If you have bonded from jail, the District Attorney must file charges within 90 days of your being arrested in Lousiana. If the District Attorney does not file charges against you in the time required by law, you may be entitled to be released from jail or your bail obligation.
A court summons is a legal document signaling that a legal case is beginning against you or your business. The document tells the defendant when and where to be in court for a hearing. It may also specify what you need to do to avoid arrest.
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.
Acceptance Or Waiver Of Service To waive or accept service, the other party must be willing to accept a certified copy of the citation and petition and sign a written waiver. In cases of divorce, the written waiver must be in the form of an affidavit sworn and signed by the other party before a notary public.
C. Notwithstanding Paragraph A of this Article, if a pleading or order sets a court date, then service shall be made by registered or certified mail or as provided in Article 1314, by actual delivery by a commercial courier, or by emailing the document to the email address designated by counsel or the party.
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.