SERVICE OF PROCESS

The Department of State is designated as the agent for service of process on all foreign and alien insurance companies, foreign corporations not registered with the Department of State, foreign and domestic corporations after diligent effort, mobile home manufacturers, and out-of-state motorists involved in suits growing out of automobile accidents on Louisiana highways and watercrafts operating in Louisiana waters. The Administrative Service Section checks, prepares and processes suits for mailing and maintains files in connection with the suits. This section also maintains a file on the addresses of insurance companies for service. After processing, the suits are sent out by certified mail.  The services rendered to the public will be coordinated to meet the time elements prescribed by law. Service of Process requires a fifteen day response to the law suits sent from the Administrative Section. This function is carried out on a daily basis in order not to penalize those being served.

We do not  accept service on any other state agency, board, etc., or a Louisiana resident. For service on the State of Louisiana or another state agency, citation and petition may be obtained by citation and service on the Attorney General of Louisiana and on the department, board, commission or agency head. For suits filed against a political subdivision of the state or any of its departments, offices, boards, commissions, agencies or instrumentalities, citation and service may be obtained on any proper agent or agents designated by the local governing that filed their notice of service of process with the Secretary of State's office. If no agent is filed with the Secretary of State, service may be obtained on the district attorney, parish attorney or city attorney.

Louisiana Revised Statute 13:3472 allows the Secretary of State to designate someone on his behalf to accept service of process. The Administrative Services Section at 8585 Archives Ave., Baton Rouge, Louisiana 70809 are the only appointed designees by the Secretary of State. Service on any other employee of the Secretary of State's office is improper.

HOW TO FILE THROUGH THE SECRETARY OF STATE

In Louisiana State Court

The citation must state " (Defendant's Name) through the Louisiana Secretary of State."

Service of process filed in any Louisiana state court cannot be mailed directly to the Secretary of State. To effect proper service, service must be sent to the Sheriff of East Baton Rouge Parish along with a service fee of $25.00 per service made payable to the Secretary of State. Should the service of process be exempt from paying any fees they should be clearly marked (such as pauper cases or small claims). The address for the East Baton Rouge Sheriff's Office is Post Office Box 3277, Baton Rouge, Louisiana 70821, telephone 225.389.4824. There is also a service fee to the Sheriff of East Baton Rouge Parish.

The only exception on serving a Louisiana state suit personally on the Secretary of State is if the individual serving the documents provides the original and a copy of the order signed by the judge stating that "John Doe" is appointed as special process server to serve the documents on the Secretary of State. The order must state the case number and caption. This individual must also provide a picture ID, such as a driver's license, for verification.

In United States District Court

Service of process filed in any United States District Court can be either personal service or mailed directly to Legal Services Section, Post Office Box 94125, Baton Rouge, Louisiana 70804-9125. Should the service of process be exempt from paying any fees, an affidavit must be attached. If a stamped return of the summons is requested, please provide a self-addressed stamped envelope. A service fee of $25.00 per service made payable to the Secretary of State must be attached.

In Louisiana Office of Workers' Compensation Court

Service of process filed in any Louisiana Office of Workers' Compensation Court must be forwarded to this office only by the office of service made payable to the Secretary of State. Should the service of process be exempt from paying any fees, such as pauper cases, an affidavit must be attached. A service fee of $25.00 per service made payable to the Secretary of State must be attached.