Louisiana Revised Statutes 13:5217 – A. Service of affidavit of claim in the program or other process shall be by certified mail, return receipt requested. However, if the receipt is not returned, if requested by a part
Terms Used In Louisiana Revised Statutes 13:5217
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
- person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
- Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
A. Service of affidavit of claim in the program or other process shall be by certified mail, return receipt requested. However, if the receipt is not returned, if requested by a party filing the pleading who pays the service charge, or if required by local court rule, service of pleadings may be made in accordance with the Code of Civil Procedure.
B. Notwithstanding any other provision of law to the contrary, the affidavit of claim or other process shall contain a notice which provides substantially as follows:
“ATTENTION!
THIS LAWSUIT IS FILED IN THE SMALL CLAIMS COURT, WHICH HAS BEEN REFERRED TO THE ONLINE DISPUTE RESOLUTION PILOT PROJECT PROGRAM.
THE ORDINARY RULES OF EVIDENCE DO NOT APPLY IN THE ONLINE DISPUTE RESOLUTION PILOT PROJECT PROGRAM.
IF YOUR CLAIM IS NOT SETTLED IN THE ONLINE DISPUTE RESOLUTION PILOT PROJECT PROGRAM, THE CASE WILL BE SET FOR A TRIAL DE NOVO.
IF YOU WISH TO FILE AN EXEMPTION FROM PARTICIPATING IN THE ONLINE DISPUTE RESOLUTION PILOT PROJECT PROGRAM DUE TO AN UNDUE HARDSHIP, YOU MUST FILE THE EXEMPTION WITHIN TEN (10) DAYS OF RECEIVING THIS LETTER.
IF THE EXEMPTION IS GRANTED, THE CASE WILL BE SET FOR A TRIAL DE NOVO.
YOU MAY HAVE THIS CASE TRANSFERRED TO THE REGULAR CIVIL COURT FOR TRIAL IF YOU WISH. TO DO SO, YOU MUST FILE A WRITTEN NOTICE WITH THE CLERK OF THE SMALL CLAIMS COURT AND PAY THE APPROPRIATE TRANSFER FEE WITHIN TEN (10) DAYS OF RECEIVING THIS LETTER.
IF YOU ARE UNSURE OF WHAT TO DO, CONTACT THE CLERK OF COURT‘S OFFICE OR AN ATTORNEY IMMEDIATELY.”
C.(1) If the properly addressed certified mail return receipt reply form is signed by the addressee or defendant, then service shall be considered as personal service.
(2) If the properly addressed certified mail return receipt reply form is signed by a person other than the addressee or defendant, then service shall be considered as domiciliary service.
(3) If the properly addressed certified mail return receipt reply form is returned and marked “refused” or “unclaimed” by the addressee or defendant, then service is regarded as tendered and shall be considered as domiciliary service.
D. The facilitator shall request the parties to provide an electronic mail address at which the party is willing to receive service and notice of future proceedings. The facilitator shall advise the parties that once an electronic mail address is provided, all service and notice of future proceedings shall be sent electronically. Service via electronic mail shall constitute personal service.
E. If service of the affidavit of claim or other process is made pursuant to Paragraph (C)(2) of this Section, service of the notice of judgment shall be made as provided by law. If service of the affidavit of claim or other process is made pursuant to Paragraph (C)(3) of this Section service of the notice of judgment shall be made by the sheriff, marshal, or constable having jurisdiction.
Acts 2021, No. 281, §1.
NOTE: See La. Rev. Stat. 13:5226 regarding termination of this Part on Aug. 1, 2025.