2009 Louisiana Laws TITLE 13 Courts and judicial procedure :: RS 13:2590.1 Appointment of clerk of court; security for costs; advanced costs deposit

§2590.1.  Appointment of clerk of court; security for costs; advanced costs deposit

A.(1)  A justice of the peace in a parish whose population exceeds four hundred thousand according to the 1990 federal decennial census may appoint a clerk of court whose jurisdiction shall coincide with the jurisdiction of the appointing justice of the peace.

(2)  The clerk of court shall have authority to accept, record, and process filings.

B.  A justice of the peace in a parish whose population exceeds four hundred thousand  according to the latest federal decennial census may demand and receive up to the following amounts in addition to or in lieu of the fees and costs provided for in R.S. 13:2590 for filings and services in civil matters:

(1)  New suit: twenty dollars, and five dollars per additional defendant.

(2)  Eviction proceeding: twenty dollars, and five dollars per additional defendant.

(3)  Garnishment, writ of attachment through garnishment: twenty dollars, and five dollars per additional defendant, plus ten dollars for attorney answering any interrogatories.

(4)  Service of garnishment pleadings and order on defendant when garnishee is a financial institution: twenty dollars, and five dollars per additional defendant.

(5)  Judgment debtor rule: twenty dollars, and five dollars per additional defendant.

C.  Each fee and deposit received pursuant to Subsection B shall be retained by the justice of the peace in a separate account for fees and operational expenses of the clerk of court's office.

D.  Except when the plaintiff is relieved from the necessity of paying costs or furnishing security therefor, under Code of Civil Procedure Articles 5181 through 5188 or under R.S. 13:4521, a justice of the peace may demand that the plaintiff provide costs in advance.

E.  A justice of the peace in a parish whose population exceeds four hundred thousand according to the latest federal decennial census may demand and receive an amount not to exceed eighty dollars as a fee for issuing a peace bond.  Of this amount, twenty dollars shall go to the clerk of courts and of the remaining amount, fifty percent of the fee shall be retained by the justice of the peace for operational expenses of the office and court and fifty percent of the fee shall go to the constable for operational expenses of the constable's office.

Acts 1999, No. 549, §1.