Terms Used In Louisiana Revised Statutes 13:5807.4

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Subpoena: A command to a witness to appear and give testimony.
  • Subpoena duces tecum: A command to a witness to produce documents.
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.

Notwithstanding the provisions of La. Rev. Stat. 13:5807, the marshal of the city of Bogalusa shall be entitled to the following fees of office and no more in civil matters:

(1)  For making service or attempted service and return of citation with or without petition on each defendant, not to exceed eighteen dollars.

(2)  For making service or attempted service and return of supplemental or amended petition with or without accompanying citation, not to exceed eighteen dollars.

(3)  For making service or attempted service and return of interrogatories and notice of cross interrogatories, not to exceed eighteen dollars.

(4)  For making service or attempted service and return of garnishment under writ of fieri facias, twenty-five dollars.

(5)  For making service or attempted service and return of writ of attachment on each witness, not to exceed eighteen dollars.

(6)  For making service and return of writ of sequestration, not to exceed eighteen dollars.

(7)  For taking bond authorized by law, not to exceed eighteen dollars.

(8)  For making service or attempted service and return of notice of judgment, not to exceed eighteen dollars.

(9)  For making service or attempted service and return of citation and petition for appeal and order, not to exceed eighteen dollars.

(10)  For return on writ of fieri facias, not to exceed eighteen dollars.

(11)  For making service or attempted service and return of citations requiring personal service, not to exceed eighteen dollars, to wit: rule nisi, subpoena, subpoena duces tecum, judgment debtor.

(12)  For keeping property under seizure by any writ or process, fees to be fixed by the court after service of notice to the parties or their attorneys of record in the suit.

(13)  For collecting money pursuant to an execution of an order of seizure and sale or a writ, without either seizure or sale, six percent, with a minimum not to exceed eighteen dollars for each execution or order of seizure and sale.

(14)  For making seizure under writ of fieri facias, making and serving notice of seizure on one party, and making a copy for recordation in the mortgage records when necessary or required and for returns thereon, for all, not to exceed fifty dollars.  For service of each notice of seizure and return thereon in connection with execution of writ of fieri facias, not to exceed eighteen dollars.

(15)  For serving each order of court not otherwise herein specially provided for or for any other enumeration provided for in La. Rev. Stat. 13:5807 not otherwise herein specially provided for, not to exceed eighteen dollars.

(16)  For each mile or fraction thereof actually and necessarily traveled in going to and returning from the service of any process of court, the marshal of the city of Bogalusa shall be reimbursed at a rate equal to that rate established for state employees by the division of administration.  No constructive mileage shall be allowed.  When service of different processes in the same case or processes of court in different cases are served on the same official tour of the marshal, the actual mileage traveled shall be prorated.

Acts 1997, No. 142, §1; Acts 2009, No. 26, §1, eff. Oct. 1, 2009; Redesignated from La. Rev. Stat. 33:1704.4 pursuant to Acts 2011, No. 248, §3.

NOTE:  Approval of the fee increase provided for in Acts 2009, No. 26, by the Judicial Council was published in the Aug., 2009, State Register.