SLS 12RS-878 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2012
SENATE BILL NO. 509
BY SENATOR CLAITOR
CIVIL PROCEDURE. Provides relative to service of citation by certified mail in justice of
the peace courts. (8/1/12)
AN ACT1
To enact Code of Civil Procedure Article 4919(D), relative to service of citation in justice2
of the peace courts; to provide for service by certified mail; to provide relative to3
service of the notice of judgment; to provide for certain terms and procedures; and4
to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. Code of Civil Procedure Article 4919(D) is enacted to read as follows:7
Art. 4919. Citation; service of citation; justice of the peace courts; district courts8
with concurrent jurisdiction 9
* * *10
D. Service of citation or other process may be made by the court by11
certified mail, with return receipt requested.12
(1) If the properly addressed certified mail return receipt reply form is13
signed by the addressee/defendant, service shall be considered personal service.14
(2) If the properly addressed certified mail return receipt reply form is15
signed by a person other than the defendant, service shall be considered16
domiciliary service.17 SB NO. 509
SLS 12RS-878 ORIGINAL
Page 2 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
(3) If the properly addressed certified mail return receipt reply form is1
returned and marked "refused" or "unclaimed" by the addressee, service shall2
be regarded as tendered and shall be considered domiciliary service.3
(4) If service of the citation and original petition is made by domiciliary4
service as provided herein, service of the notice of judgment shall be made as5
provided by law, except if the certified mail is marked "unclaimed" or6
"refused", service of the notice of judgment shall be made by the sheriff,7
marshal, or constable having jurisdiction. 8
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Julie J. Baxter.
DIGEST
Proposed law provides relative to the manner in which justice of the peace courts may make
service of citation or other process. Proposed law provides that such service may be made
by the court by certified mail, with return receipt requested.
Proposed law provides that if the properly addressed certified mail return receipt reply form
is signed by the addressee/defendant, service shall be considered personal service. Further
provides that if such return receipt reply form is signed by a person other than the defendant,
such service shall be considered domiciliary service. Further provides that if such return
receipt reply form is returned and marked "refused" or "unclaimed" by the addressee, then
such service is regarded as tendered and as domiciliary service. Further provides that if
service of the citation and original petition is made by domiciliary service, then service of
the notice of judgment shall be made as provided by law, except, in the case of "unclaimed"
or "refused" certified mail, then service of the notice of judgment shall be made by the
sheriff, marshal, or constable having jurisdiction.
Effective August 1, 2012.
(Adds C.C.P. Art. 4919(D))