HLS 19RS-801 ORIGINAL
2019 Regular Session
HOUSE BILL NO. 512
BY REPRESENTATIVES COX AND JACKSON
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
COURTS/COURT COSTS: Provides relative to the use of court costs and fees for services
by constables and marshals
1 AN ACT
2To amend and reenact R.S. 13:5807(A)(1) through (11), (16) through (19), (21) through
3 (24), (26), and (29), relative to costs and fees; to provide relative to city marshal and
4 constable services; to provide for the use of fees and costs; to require certain funds
5 to be deposited in the equipment and training fund; and to provide for related
6 matters.
7Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 13:5807(A)(1) through (11), (16) through (19), (21) through (24),
9(26), and (29) are hereby amended and reenacted to read as follows:
10 ยง5807. Fees and costs
11 A. Constables and marshals, except in Orleans Parish and as provided by
12 R.S. 13:5807.1, 5807.3, 5807.4, and 5807.5, shall be entitled to the following fees
13 of office, and no more, in civil matters:
14 (1) For making service or attempted service and return of citation with or
15 without petition on each defendant, thirty dollars of which twelve dollars shall be
16 deposited in the equipment and training fund.
17 (2) For making service or attempted service and return of supplemental or
18 amended petition with or without accompanying citation, thirty dollars of which
19 twelve dollars shall be deposited in the equipment and training fund.
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1 (3) For making service or attempted service of interrogatories and notice of
2 cross interrogatories, thirty dollars of which twelve dollars shall be deposited in the
3 equipment and training fund.
4 (4) For making service or attempted service and return of garnishment under
5 writ of fieri facias, thirty dollars of which ninety cents shall be deposited in the
6 equipment and training fund.
7 (5) For making service or attempted service and return of writ of attachment
8 on each witness, thirty dollars of which twelve dollars and thirty cents shall be
9 deposited in the equipment and training fund.
10 (6) For executing writ of sequestration, provisional seizures, or distringas,
11 in each case, thirty dollars of which ten dollars and fifty cents shall be deposited in
12 the equipment and training fund. For service of each notice to defendant and return
13 thereon in connection with execution of any of the writs covered by this Paragraph,
14 thirty dollars of which twelve dollars shall be deposited in the equipment and
15 training fund.
16 (7) For taking bond authorized by law, thirteen dollars and fifty cents.
17 (8) For making service or attempted service and return of notice of judgment,
18 thirty dollars of which twelve dollars shall be deposited in the equipment and
19 training fund.
20 (9) For making service or attempted service and return of citation and
21 petition of appeal and order, thirty dollars of which twelve dollars shall be deposited
22 in the equipment and training fund.
23 (10) For return of fieri facias, thirty dollars of which twelve dollars shall be
24 deposited in the equipment and training fund.
25 (11) For making service or attempted service and return of citations requiring
26 personal service, thirty dollars, specifically rule nisi, subpoena, subpoena duces
27 tecum, judgment debtor. Eleven dollars and ten cents of the fee, collected pursuant
28 to this Paragraph, shall be deposited in the equipment and training fund.
29 * * *
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HB NO. 512
1 (16) For service and making return of any rule, order of court, or notice on
2 any party to a suit or other proceeding, or after judgment rendered, where return of
3 service is made by the constable or marshal, including service or notice of release of
4 seizure, and other than those herein otherwise provided for, thirty dollars for each
5 service for each service, a fee of thirty dollars shall be collected, of which eleven
6 dollars and seventy cents shall be deposited in the equipment and training fund; for
7 service of a judgment debtor rule, a fee of thirty dollars of which eleven dollars and
8 ten cents shall be deposited in the equipment and training fund.
9 (17) For service of subpoena on each witness and making return thereof,
10 thirty dollars of which twelve dollars shall be deposited in the equipment and
11 training fund.
12 (18) For service of attachment on a witness or for service on any person for
13 contempt of court to be brought into court and for return thereon, thirty dollars of
14 which eleven dollars and ten cents shall be deposited in the equipment and training
15 fund.
16 (19) For service of citation and petition of appeal for each party on whom
17 service is directed to be made and for making return thereof, thirty dollars of which
18 twelve dollars shall be deposited in the equipment and training fund.
19 * * *
20 (21) For executing writ of arrest and making return thereon, thirty dollars of
21 which eleven dollars and ten cents shall be deposited in the equipment and training
22 fund.
23 (22) For serving writ of injunction, certiorari, mandamus, prohibition, or
24 notice of demand and making return thereon, in each case thirty dollars of which
25 twelve dollars shall be deposited in the equipment and training fund.
26 (23) For executing writ of habeas corpus and making return thereon, to be
27 charged in civil cases only, thirty dollars of which eleven dollars and ten cents shall
28 be deposited in the equipment and training fund.
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HB NO. 512
1 (24) For serving notice of seizure and sale on one party and making a copy
2 for recordation in the mortgage records, when necessary or required, and for making
3 return for all, thirty dollars of which nine dollars and thirty cents shall be deposited
4 in the equipment and training fund. For service of each additional notice of seizure
5 and return, thirty dollars of which twelve dollars shall be deposited in the equipment
6 and training fund.
7 * * *
8 (26) For preparing advertisement for newspapers, for each one hundred
9 words or part thereof, thirty dollars of which eleven dollars and ten cents shall be
10 deposited in the equipment and training fund.
11 * * *
12 (29)(a) For executing writ of possession and writ of ejectment, thirty dollars
13 of which twelve dollars shall be deposited in the equipment and training fund.
14 (b)(i) For service of each notice to vacate on defendant or occupants, thirty
15 dollars of which twelve dollars shall be deposited in the equipment and training fund.
16 (ii) If the defendant or occupants do not vacate the premises named in the
17 writ upon service of notice to vacate and the marshal or constable is required to do
18 anything further to obtain possession, he shall be entitled to an additional fee of
19 thirty dollars of which eleven dollars and seventy cents shall be deposited in the
20 equipment and training fund.
21 (c) Nothing herein shall be construed to bar the marshals or constables from
22 charging and collecting for the cost of labor and other costs and expenses actually
23 paid or incurred by them in order to obtain possession of the premises described in
24 the writ.
25 * * *
26 B. Sixty percent of the funds collected pursuant to Paragraphs (A)(1) through
27 (12) and Paragraphs (A)(15) through (30) of this Section shall be used to assist in
28 funding the purchase or updating of necessary equipment and officer training to carry
29 out the efficient performance of all duties imposed by law on constables and
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HB NO. 512
1 marshals The money designated to be deposited in the equipment and training fund
2 shall be used to assist in the purchasing or updating of necessary equipment and
3 officer training to carry out the efficient performance of all duties imposed by law
4 on constables and marshals. These funds shall be deposited into an The equipment
5 and training fund which shall be subject to and included in the constables' and
6 marshals' annual audit. A copy of the audit shall be filed with the legislative auditor
7 who shall make it available to the public.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 512 Original 2019 Regular Session Cox
Abstract: Designates a certain portion of fees collected by constables and marshals to be
placed in an equipment and training fund.
Present law creates a fee schedule for all city marshals and constables except for those
serving in Orleans Parish and the cities of Natchitoches, Minden, Springhill, Franklin,
Winnfield, Slidell, Bogalusa, Ruston, and Houma for services provided by constables and
marshals. Additionally, requires 60% of funds collected pursuant to present law to be used
to assist in funding the purchase or updating of necessary equipment and officer training to
carry out the efficient performance of all duties imposed by law on constables and marshals.
Proposed law retains present law, however, it no longer requires 60% of all collected funds
to be deposited into a special account. Proposed law designates a specific amount of certain
funds to be deposited in the present law equipment and training fund.
(Amends R.S. 13:5807(A)(1) through (11), (16) through (19), (21) through (24), (26), and
(29))
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