Lifetime Citizen Portal Access — AI Briefings, Alerts & Unlimited Follows
Sponsor defers bill that would require payment when requesting service of process
Loading...
Summary
Senate Bill 167, which would require payment before a clerk issues service, drew questions about clerk procedures, good‑faith requests and 'gotcha' outcomes; the sponsor voluntarily deferred the bill to develop language with clerks and stakeholders.
Senate Judiciary A took up SB167, a proposal to require payment at the time a party requests service of process in some circumstances. The sponsor said a Louisiana Supreme Court interpretation had allowed requesters to satisfy the statutory "request for service" requirement without paying fees and the bill would close that loophole.
Committee members raised practical concerns about drafting: whether a clerk must accept filings, how to define a valid request (good‑faith standard), and how to avoid dismissals caused by clerical errors or inadvertent failure to pay at the courthouse. Several senators offered examples of legitimate reasons a practitioner might delay payment or lack exact fees at the moment of filing. The sponsor acknowledged the drafting challenges and said he would work with clerks' offices and the clerks association.
The sponsor moved to voluntarily defer SB167 to allow time for amendments and outreach; the committee granted the deferral without objection. No formal vote on the substance occurred.