§5807. Fees and costs
A. Constables and marshals, except in Orleans Parish and as provided by R.S.
13:5807.1, 5807.3, 5807.4, and 5807.5, 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, a minimum of ten dollars and a maximum of thirty dollars.
(2)For making service or attempted service and return of supplemental or amended
petition with or without accompanying citation, a minimum of ten dollars and a maximum
of thirty dollars.
(3)For making service or attempted service of interrogatories and notice of cross
interrogatories, a minimum of ten dollars and a maximum of thirty dollars.
(4)For making service or attempted service and return of garnish
Free access — add to your briefcase to read the full text and ask questions with AI
§5807. Fees and costs
A. Constables and marshals, except in Orleans Parish and as provided by R.S.
13:5807.1, 5807.3, 5807.4, and 5807.5, 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, a minimum of ten dollars and a maximum of thirty dollars.
(2) For making service or attempted service and return of supplemental or amended
petition with or without accompanying citation, a minimum of ten dollars and a maximum
of thirty dollars.
(3) For making service or attempted service of interrogatories and notice of cross
interrogatories, a minimum of ten dollars and a maximum of thirty dollars.
(4) For making service or attempted service and return of garnishment under writ of
fieri facias, a minimum of twenty-eight dollars and fifty cents and a maximum of thirty
dollars.
(5) For making service or attempted service and return of writ of attachment on each
witness, a minimum of nine dollars and fifty cents and a maximum of thirty dollars.
(6) For executing writ of sequestration, provisional seizures, or distringas, in each
case, a minimum of twelve dollars and fifty cents and a maximum of thirty dollars. For
service of each notice to defendant and return thereon in connection with execution of any
of the writs covered by this Paragraph, a minimum of ten dollars and a maximum of thirty
dollars.
(7) For taking bond authorized by law, thirteen dollars and fifty cents.
(8) For making service or attempted service and return of notice of judgment, a
minimum of ten dollars and a maximum of thirty dollars.
(9) For making service or attempted service and return of citation and petition of
appeal and order, a minimum of ten dollars and a maximum of thirty dollars.
(10) For return of fieri facias, a minimum of ten dollars and a maximum of thirty
dollars.
(11) For making service or attempted service and return of citations requiring
personal service, a minimum of eleven dollars and fifty cents and a maximum of thirty
dollars, specifically rule nisi, subpoena, subpoena duces tecum, judgment debtor.
(12) For keeping property when a keeper or guardian is required, the marshal or
constable shall be allowed the actual amount paid the keeper appointed by him, but not to
exceed sixty dollars for each eight hours of keeping; and in all cases in which property under
seizure is of a nature requiring the constant attention of the marshal or constable, he may
appoint one or more additional keepers for which allowance shall be made on the basis set
forth above.
(13) For collecting money for execution of order of seizure and sale, six percent,
with a minimum of twelve dollars and fifty cents on each execution of order of seizure and
sale.
(14) For collecting money for execution of a writ, without either seizure or sale, six
percent, with a minimum of twelve dollars and fifty cents on each execution or order of writ.
(15) For any services rendered or duties performed by the marshals or constables not
otherwise herein specially provided for, they shall be entitled to a fee or commission to be
determined by agreement with the parties in interest or fixed by the court by rule tried in a
summary manner in term time or in vacation.
(16) For service and making return of any rule, order of court, or notice on any party
to a suit or other proceeding, or after judgment rendered, where return of service is made by
the constable or marshal, including service or notice of release of seizure, and other than
those herein otherwise provided for, a minimum of ten dollars and fifty cents and a
maximum of thirty dollars for each service; for service of a judgment debtor rule, a fee of a
minimum of eleven dollars and fifty cents and a maximum of thirty dollars.
(17) For service of subpoena on each witness and making return thereof, a minimum
of ten dollars and a maximum of thirty dollars.
(18) For service of attachment on a witness or for service on any person for contempt
of court to be brought into court and for return thereon, a minimum of eleven dollars and fifty
cents and a maximum of thirty dollars.
(19) For service of citation and petition of appeal for each party on whom service is
directed to be made and for making return thereof, a minimum of ten dollars and a maximum
of thirty dollars.
(20) 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, fourteen dollars and fifty cents. For
service of each notice of seizure and return thereon in connection with execution of writ of
fieri facias, ten dollars.
(21) For executing writ of arrest and making return thereon, a minimum of eleven
dollars and fifty cents and a maximum of thirty dollars.
(22) For serving writ of injunction, certiorari, mandamus, prohibition, or notice of
demand and making return thereon, in each case a minimum of ten dollars and a maximum
of thirty dollars.
(23) For executing writ of habeas corpus and making return thereon, to be charged
in civil cases only, a minimum of eleven dollars and fifty cents and a maximum of thirty
dollars.
(24) For serving notice of seizure and sale on one party and making a copy for
recordation in the mortgage records, when necessary or required, and for making return for
all, a minimum of fourteen dollars and fifty cents and a maximum of thirty dollars. For
service of each additional notice of seizure and return, a minimum of ten dollars and a
maximum of thirty dollars.
(25) For advertising sale under writ of fieri facias, seizure and sale, or other order
of court, the rates established by the newspaper.
(26) For preparing advertisement for newspapers, for each one hundred words or part
thereof, a minimum of eleven dollars and fifty cents and a maximum of thirty dollars.
(27) For each deed of conveyance of immovable property, thirty-three dollars and
fifty cents, in addition to the cost of registering the deed in the conveyance office and of
recording it in the office of the clerk of the district court.
(28) For each proces verbal of the sale of movable or immovable property, sixteen
dollars and fifty cents.
(29)(a) For executing writ of possession and writ of ejectment, a minimum of ten
dollars and a maximum of thirty dollars.
(b)(i) For service of each notice to vacate on defendant or occupants, a minimum of
ten dollars and a maximum of thirty dollars.
(ii) If the defendant or occupants do not vacate the premises named in the writ upon
service of notice to vacate and the marshal or constable is required to do anything further to
obtain possession, he shall be entitled to an additional fee of a minimum of ten dollars and
fifty cents and a maximum of thirty dollars.
(c) Nothing herein shall be construed to bar the marshals or constables from charging
and collecting for cost of labor and other costs and expenses actually paid or incurred by
them in order to obtain possession of the premises described in the writ.
(30)(a) In all cases where the marshals or constables have in their possession for
execution a writ of fieri facias, a writ of seizure and sale, or any conservatory or other writ,
under which property is or may be seized:
(i) When there has been an adjudication that is not completed as a result of
instructions given by the plaintiff in writ or for any other reason.
(ii) When the plaintiff in writ receives cash or other consideration, or both, pursuant
to judgment rendered in suit in which the writ issued, without the necessity of judicial sale.
(iii) When the suit in which the writ issued is discontinued by the plaintiff in writ.
(iv) When, at the request of the plaintiff in writ, the writ is recalled or dissolved or
its further execution discontinued.
(v) When the parties in interest make an amicable settlement or compromise, or enter
into any other agreement, under the terms of which the writ is recalled or dissolved or its
further execution discontinued, the marshals or constables shall be entitled to receive a fee
or commission as in the case of a sale.
(b) The fee or commission provided for in this Paragraph shall be due and payable
under the circumstances above set forth even though there has only been a constructive
seizure or where property seized under any of the writs enumerated in this Paragraph has
been released on bond.
(c) In a case where there has been an amicable settlement by compromise or
otherwise but no judgment rendered, the fee or commission shall be due and payable in
solido by all parties to the compromise agreement or settlement who may be proceeded
against by the marshals or constables by rule to be tried in a summary manner in term time
or in vacation.
B. Sixty percent of any funds collected in excess of the minimum fees authorized by
Paragraphs (A)(1) through (11) of this Section and Paragraphs (A)(16) through (29) of this
Section shall be deposited in the equipment and training fund of this Section. The money
designated to be deposited in the equipment and training fund shall be used to assist in the
purchasing or updating of necessary equipment and officer training to carry out the efficient
performance of all duties imposed by law on constables and marshals. The equipment and
training fund shall be subject to and included in the constables' and marshals' annual audit.
A copy of the audit shall be filed with the legislative auditor who shall make it available to
the public.
NOTE: See Acts 1999, No. 1345, §5 concerning severability.