FREQUENTLY ASKED QUESTIONS

Who is the agent for service of process for an insurance company?

The Louisiana Insurance Commissioner authorizes insurance companies to do business in the State of Louisiana. If the insurance company is domiciled in Louisiana, the Insurance Commissioner will have the name and address of the agent(s). If the insurance company is domiciled outside Louisiana, the Secretary of State is their agent. The telephone number for the Insurance Commissioner is 225.342.5900.

Is there a service fee for serving the Secretary of State?

Yes, the service fee is $25 per service. A check or money order made payable to the Secretary of State must be attached to the service.

Can anyone personally serve the Secretary of State with a law suit?

A law suit filed in a Louisiana state court must be served on the Secretary of State by the Sheriff of East Baton Rouge Parish or another sheriff or marshal from any of the 64 parishes. The sheriff must then make personal service on the Secretary of State at the Legal Services Sections, 8585 Archives Ave., Baton Rouge, Louisiana 70809, telephone 225.925.4704. The only exception is when an individual is appointed by the judge for that particular law suit. He/she must produce the order signed by the judge and proper identification.

In a federal case, any individual can make personal service on the Secretary of State.

How many days do I have to answer before a default can be filed against me?

Louisiana Revised Statute 13:3204 Section 7 requires 30 days filing into the record of an affidavit to the effect that process was mailed.

What is considered the effective date of service on the defendant?

The effective date is the date that the Secretary of State is served.

Where do you get your mailing addresses for the defendants?

The addresses for the insurance companies are provided to this office either by the Louisiana Insurance Commissioner, the Insurance Almanac, the insurance company, or the person filing the document. Corporation addresses are obtained from the records of the Corporation Section or the person filing the documents. An out-of-state motorist's address must be provided within the law suit.

What is my proof of service?

Your proof of service is the returned stamped citation or summons by the authorized person who made service on the Secretary of State. However, this office can provide a certificate of service for $20 per service. This will provide the date of service, when and where it was forwarded and whether it was accepted or returned to this office.

How do I file a business opportunity?

Any business opportunity seller or agent must appoint the Secretary of State as his agent for service of process, prior to engaging in business in this state. The designation need only state that the company hereby appoints the Secretary of State as its agent for service of process, be signed by one officer of the company and enclose a $15 fee per service (check made payable to the Secretary of State).

How do I serve a foreign corporation?

If the foreign corporation is registered with this office, you would serve the registered agent that is on file. If the corporation withdrew or is not registered, you would serve the Secretary of State.

How do I serve a domestic corporation?

Contact the Telecommunications Section at 225.925.4704 to get the registered agent. When the domicile is in one parish and the agent is in another parish, service is made through the corporation's address and sheriff of that parish. If the agent resigned or does not take service, the person requesting the service has the sheriff of the corporation's domicile parish to serve at the regular address and stamp the suit as served or unable to serve. After diligent effort, they can serve the documents through the Secretary of State with the sheriff's verification. This falls under Civil Code of Procedures 1262.

How do I go about survey soliciting?

This is the same as public opinion poll takers. Public Opinion Poll takers should file with the Secretary of State prior to February 15 of each year. There is a $5 filing fee. To obtain a registration form, call 225.925.0415 or write Administrative Services, Secretary of State, Post Office Box 94125, Baton Rouge, Louisiana 70804-9125.