Louisiana default judgments after the 2022 overhaul: one step, and seven days' notice
Louisiana procedure · Last verified August 17, 2026
Louisiana used to take default judgments in two steps: a preliminary default, then a confirmation. That framework is gone. Former Article 1701 was repealed, and the process now runs on Articles 1702 to 1704 alone.
If you are reading material that talks about "taking a preliminary default" or "confirming a default," it predates the current law.
What it takes now
La. C.C.P. art. 1702(A)(1) states the whole test in one sentence:
If a defendant in the principal or incidental demand fails to answer or file other pleadings within the time prescribed by law or by the court, and the plaintiff establishes a prima facie case by competent and admissible evidence that is admitted on the record, a default judgment in favor of the plaintiff may be rendered, provided that notice that the plaintiff intends to obtain a default judgment is sent if required by this Paragraph, unless such notice is waived. The court may permit documentary evidence to be filed in the record in any electronically stored format authorized by the local rules of the district court or approved by the clerk of the district court for receipt of evidence.
Three conditions, all of which must hold:
- the defendant failed to answer or file other pleadings in time;
- the plaintiff establishes a prima facie case by competent and admissible evidence admitted on the record; and
- notice was sent, where the article requires it.
Note the second one. Default is not an admission in Louisiana. The plaintiff still has to prove a prima facie case with evidence that goes into the record.
The seven days' notice — three separate triggers
This is the part most often missed, and it has three independent triggers in art. 1702(A):
(2) If a party who fails to answer has made an appearance of record in the case, notice that the plaintiff intends to obtain a default judgment shall be sent by certified mail or actually delivered to counsel of record for the party, or if there is no counsel of record, to the party, at least seven days before a default judgment may be rendered.
(3) If an attorney for a party who fails to answer has contacted the plaintiff or the plaintiff's attorney in writing concerning the action after it has been filed, notice … shall be sent by certified mail or actually delivered to the party's attorney at least seven days before a default judgment may be rendered.
(4) In cases involving delictual actions where neither Subparagraph (2) or (3) of this Paragraph applies, notice … shall be sent by regular mail to the party who fails to answer at the address where service was obtained at least seven days before a default judgment may be rendered.
| Situation | Notice required | Method |
|---|---|---|
| Defendant made an appearance of record | yes | certified mail or actual delivery |
| Defendant's attorney wrote to the plaintiff about the case | yes | certified mail or actual delivery |
| Tort (delictual) action, neither of the above | yes | regular mail to the service address |
| Contract case, no appearance, no attorney contact | not required by (2)–(4) | — |
Trigger (3) is easy to overlook: a letter from a lawyer who never entered an appearance is enough to require notice.
And art. 1702(A)(5) makes the proof of that notice a condition of the judgment itself:
No default judgment shall be rendered against a defendant when notice is required pursuant to Subparagraph (2) or (3) of this Paragraph unless the required notice is given in accordance with any of the following:
(a) By mailing the notice to the defendant or attorney, in which case the plaintiff shall provide proof that the notice was enclosed in an envelope properly addressed to the defendant or attorney, with sufficient postage affixed, and the date on which it was deposited in the United States mail, and the plaintiff shall file the return receipt of the defendant or attorney.
(b) By utilizing the services of a commercial courier … and the plaintiff shall file the commercial courier's confirmation of delivery.
(c) By actual delivery of the notice to the defendant or attorney, in which case the plaintiff shall provide proof of the date, place, and manner of delivery.
A judgment entered without that documented notice, where (2) or (3) applied, is vulnerable on the face of the record.
What counts as proof
Article 1702(B) sets different evidentiary routes depending on the kind of obligation:
(1) When a demand is based upon a conventional obligation, affidavits and exhibits annexed thereto that contain facts sufficient to establish a prima facie case shall be admissible, self-authenticating, and sufficient proof of such demand. The court may, under the circumstances of the case, require additional evidence in the form of oral testimony before entering a default judgment.
(2) When a demand is based upon a delictual obligation, the testimony of the plaintiff with corroborating evidence, which may be by affidavits and exhibits annexed thereto containing facts sufficient to establish a prima facie case, shall be admissible, self-authenticating, and sufficient proof of such demand. …
(3) When the sum due is on an open account or a promissory note or other negotiable instrument, an affidavit of the correctness thereof shall be prima facie proof. When the demand is based upon a promissory note or other negotiable instrument, no proof of any signature thereon shall be required.
Contract cases can go through on affidavits alone. Tort cases require the plaintiff's testimony with corroborating evidence — a higher bar. In both, the court retains discretion to require oral testimony.
For personal injury, art. 1702(E) offers a shortcut: "a sworn narrative report of the treating physician or dentist may be offered in lieu of his testimony."
No hearing in the common money cases
Article 1702(C) removes the hearing requirement for account and note cases and puts the judge on a clock:
In those proceedings in which the sum due is on an open account or a promissory note, other negotiable instrument, or other conventional obligation, or a deficiency judgment derived therefrom … a hearing in open court shall not be required unless the judge, in his discretion, directs that such a hearing be held. The plaintiff shall submit to the court the proof required by law and the original and not less than one copy of the proposed default judgment. The judge shall, within seventy-two hours of receipt of such submission from the clerk of court, sign the proposed default judgment or direct that a hearing be held. The clerk of court shall certify that no answer or other pleading has been filed by the defendant.
Seventy-two hours for the judge to sign or set a hearing, and a clerk's certification that nothing was filed. Notice of signing then goes out under Article 1913.
Prescription on assigned debts
Article 1702(D) gives the court a power it does not have in ordinary litigation:
When the demand is based upon a right acquired by assignment in an open account, promissory note, or other negotiable instrument, the court may raise an objection of prescription before entering a default judgment if the grounds for the objection appear from the pleadings or from the evidence submitted by the plaintiff. If the court raises an objection of prescription, it shall not enter the default judgment unless the plaintiff presents prima facie proof that the action is not barred by prescription. Upon the plaintiff's request, the court shall hold a hearing for the submission of such proof.
This is aimed squarely at purchased consumer debt. The judge may raise prescription on its own, and if it does, the burden shifts to the plaintiff to prove the claim is not prescribed.
What the judgment can award
Article 1703 is short and limiting:
A default judgment shall not be different in kind from that demanded in the petition. The amount of damages awarded shall be the amount proven to be properly due as a remedy.
Not what was demanded — what was proven.
How Louisiana compares
| Louisiana | Georgia | Texas | Federal | |
|---|---|---|---|---|
| Two-step preliminary default | abolished | never had one | no | no |
| Plaintiff must prove a prima facie case | yes, always | only for tort / unliquidated | yes for unliquidated | yes for unliquidated |
| Advance notice to a non-appearing defendant | yes in tort cases, by regular mail | no | no | no |
| Notice triggered by a lawyer's letter | yes | no | no | no |
| Judge must act within a fixed time | 72 hours in account/note cases | no | no | no |
| Court may raise limitations on its own | yes, on assigned debts | no | no | no |
| Award limited to what was proven | yes | yes | yes | yes |
A short checklist
- Ignore anything describing a preliminary default. Article 1701 was repealed; the process is now one step.
- Work out whether notice was required — an appearance of record, a written contact from the defendant's attorney, or a delictual action all trigger it.
- Check the proof of notice in the record. Article 1702(A)(5) requires a return receipt, a courier confirmation, or proof of actual delivery.
- Count seven days from that notice before any judgment can be rendered.
- Match your evidence to the obligation — affidavits for conventional obligations, plaintiff's testimony plus corroboration for delictual ones.
- For an open account or a note, an affidavit of correctness is prima facie proof, and no signature proof is needed on a negotiable instrument.
- If the debt was assigned, expect the court to look at prescription — and be ready to prove the claim is timely.
- Keep the judgment inside the petition. Article 1703 bars relief different in kind and limits damages to what was proven.
Where these rules live
- La. C.C.P. art. 1001 — Delay for answering
- La. C.C.P. art. 1702 — Default Judgment
- La. C.C.P. art. 1703 — Scope of Judgment
- La. C.C.P. art. 1704 — Default Judgment In Suits Against the State Or a Political Subdivision
- La. C.C.P. art. 1913 — Notice of judgment
This page explains what the Code says. It isn't legal advice, and what satisfies a prima facie case under Article 1702 is developed in case law this site doesn't cover.