Louisiana Code of Civil Procedure 2674 – Attorney appointed to represent unrepresented defendant
Terms Used In Louisiana Code of Civil Procedure 2674
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
The court shall appoint an attorney at law to represent the unrepresented defendant in an executory proceeding under the following circumstances:
(1) When the defendant is an absentee;
(2) When the debtor is dead, no succession representative has been appointed, and his heirs and legatees have not been sent into possession;
(3) When the debtor’s property is under the administration of a legal representative, but the latter has died, resigned, or been removed from office, and no successor thereof has qualified;
(4) When the defendant is a corporation or a partnership upon which process cannot be served for any reason; and
(5) When the defendant is a minor, or a mental incompetent, who has no legal representative at the time of the institution of the proceeding.