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Art. 1704.Default Judgment In Suits Against the State Or a Political Subdivision

Book II. Ordinary Proceedings · Title V. Trial · Chapter 6. Default · Last amended 2022 · Last verified July 30, 2026

In one sentenceArticle 1704 requires a plaintiff suing the state, or a political subdivision and their agencies, to send advance notice of the intent to seek a default judgment, to the attorney general for the state, or to the proper agent for a political subdivision, and to wait twenty-one days after that notice before a default judgment can be rendered.

Full Text of Art. 1704

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A. Notwithstanding any other provision of law to the contrary, prior to the rendition of a default judgment against the state or any of its departments, offices, boards, commissions, agencies, or instrumentalities, the plaintiff or the plaintiff's attorney shall send notice of the plaintiff's intent to obtain a default judgment, together with a certified copy of the petition or other demand, to the attorney general by registered or certified mail, or shall be served by the sheriff personally upon the attorney general or the first assistant attorney general at the office of the attorney general. If the notice and petition are served on the attorney general by mail, the person mailing such items shall execute and file in the record an affidavit stating that these items have been enclosed in an envelope properly addressed to the attorney general with sufficient postage affixed, and stating the date on which such envelope was deposited in the United States mail. The return receipt shall be attached to the affidavit that is filed in the record.
B. If no answer or other pleading is filed during the twenty-one days immediately following the date on which the attorney general or the first assistant attorney general received notice of the intent to obtain a default judgment as provided in Paragraph A of this Article, a default judgment against the state or any of its departments, offices, boards, commissions, agencies, or instrumentalities may be rendered upon proof as required by Article 1702.
C. Notwithstanding any other provision of law to the contrary, prior to the rendition of a default judgment against a political subdivision of the state or any of its departments, offices, boards, commissions, agencies, or instrumentalities, the plaintiff or the plaintiff's attorney shall send notice of the plaintiff's intent to obtain a default judgment, together with a certified copy of the petition or other demand, by registered or certified mail to the proper agent or person for service of process at the office of that agent or person. The person mailing such items shall execute and file in the record an affidavit stating that these items have been enclosed in an envelope properly addressed to the proper agent or person for service of process, with sufficient postage affixed, and stating the date on which such envelope was deposited in the United States mail. The return receipt shall be attached to the affidavit that is filed in the record.
D. If no answer or other pleading is filed during the twenty-one days immediately following the date on which the agent or person for service of process received notice of the intent to obtain a default judgment as provided in Paragraph C of this Article, a default judgment against the political subdivision of the state or any of its departments, offices, boards, commissions, agencies, or instrumentalities may be rendered upon proof as required by Article 1702.
End

Amendment History

Amended by Acts 2021, No. 174, §1, eff. 1/1/2022. Amended by Acts 2017, No. 419, §1, eff. 8/1/2017. Added by Acts 1978, No. 149, §1, eff. 6/29/1978; Acts 1986, No. 155, §1, eff. 6/28/1986.

Plain-English Summary

Before a default judgment against the state or any of its departments, boards, or agencies, the plaintiff must send notice of the intent to seek default, along with a certified copy of the petition, to the attorney general, by registered or certified mail, or have the sheriff serve the attorney general or the first assistant attorney general personally at the attorney general's office. If sent by mail, the plaintiff has to file an affidavit proving proper addressing, postage, and mailing date, with the return receipt attached.

Once the attorney general or first assistant has received that notice, the state gets twenty-one days to answer or file a pleading. Only after that window closes with nothing filed can a default judgment be rendered, and even then only on the same proof Article 1702 generally requires.

Political subdivisions get a parallel track. Notice and a certified copy of the petition go instead to the proper agent for service of process for the political subdivision, such as a parish, a municipality, or one of their departments or agencies, with the same affidavit-and-return-receipt proof if sent by mail, and the same twenty-one-day waiting period before a default judgment can be rendered.

Frequently Asked Questions

Why does suing the state require extra steps before a default judgment?

Louisiana requires advance notice and a twenty-one-day waiting period for governmental defendants, on top of the ordinary Article 1702 default requirements.

Who must receive notice before a default judgment can be entered against the state?

The attorney general, or the first assistant attorney general, by registered or certified mail or personal service by the sheriff.

How long must a plaintiff wait after sending that notice?

Twenty-one days from the date the attorney general or first assistant received it, with no answer or pleading filed during that window.

Does the same notice-and-wait rule apply to a suit against a parish or city?

Yes. Article 1704(C)-(D) applies a parallel requirement, with notice sent to the proper agent for service of process for that political subdivision.

Source & verification. Article text is reproduced verbatim from the Louisiana Code of Civil Procedure (legis.la.gov). Enacted by the Louisiana Legislature. Last verified July 30, 2026. · Official source
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