Constable

The constable is a peace officer elected within a ward or district who serves as an independent elected official with duties defined by statute. The constable’s office is a separate elected office — constables are not employees of the Justice of the Peace. As a peace officer, the constable has law enforcement authority including the power to make arrests, enforce laws, and maintain public order within their jurisdiction.

Separate Elected Office

Constables are elected by qualified voters within their ward or district, just as Justices of the Peace are elected. While constables work cooperatively with JPs in serving court documents and executing court orders, they exercise independent authority defined by law with distinct statutory duties and responsibilities.

Both the constable and Justice of the Peace are accountable to the voters who elected them, and neither is an employee of the other. The relationship is one of cooperation between two separate elected offices with complementary but independent authority.

La. R.S. 13:2583

Peace Officer Authority

The constable’s peace officer status means they can respond to criminal activity, make arrests for offenses committed in their presence or for which they have probable cause, issue traffic citations, criminal summonses, and assist other law enforcement agencies when needed.

Statutes: La. R.S. 14:30(B)

Service of Process

The constable serves as the primary officer responsible for serving court documents and executing court orders for the Justice of the Peace Court.

Primary Duty

The constable has the primary duty to effect service of process — the formal delivery of court documents — issued by the Justice of the Peace Court. This includes serving citations, summons, subpoenas, notices, writs, orders, and judgments. Service of process informs a person that legal action has been taken against them and requires them to respond or appear in court.

State law requires that a JP use the constable, or a duly-appointed deputy constable, from the same ward whenever possible to execute all orders, citations, summons, seizures, and writs in civil cases. Service made by anyone other than the constable or deputy constable of the ward will have no legal effect.

Parish-Wide Service Authority

A constable has authority to effectuate service of process parish-wide for any case before their JP Court. This means a constable can serve a defendant anywhere within the parish as long as the suit was filed in their JP Court, regardless of which ward the defendant lives in.

Methods of Service

A constable may serve process through personal service — delivering the citation directly to the person being served, or domiciliary service — leaving the citation at the person’s usual residence with a person of suitable age and discretion. Service may be made at any time of day or night, including Sundays and holidays.

Service may also be made by certified mail with return receipt requested when costs are posted with the court. If the return receipt is signed by the defendant, service is considered personal service. If signed by someone else, it is considered domiciliary service. If the mail is refused or unclaimed, traditional means must be used.

Service on companies and corporations is made by serving an officer, director, manager, or registered agent. Service on inmates is made by serving the warden or other person in charge of the correctional facility where the inmate is confined, who must then deliver the citation to the inmate.

Service on the secretary of state is appropriate when the defendant is a non-resident of Louisiana, cannot be found after diligent effort, or when authorized by statute for specific types of cases. The secretary of state forwards the citation to the defendant’s last known address, and service is considered complete when the secretary of state receives the citation, even if the defendant never actually receives it.

Constable’s Return

The constable must make a return — a written report — to the issuing JP Court on all citations, summons, subpoenas, notices, writs, orders, and judgments, showing the date and manner in which they were served or executed. The return must state the date, place, and method of service and any other information needed to show service in compliance with law.

After service, the signed return must be filed promptly with the JP who issued it. Once received, the return forms part of the court record and is considered prima facie correct — presumed accurate unless proven otherwise.

La. C.C.P. art. 324La. C.C.P. art. 1231

Execution of Writs

A constable executes various writs including writs of execution for money judgments and warrants of possession for evictions.

Writ of Fieri Facias

When a writ of fieri facias is issued to enforce a money judgment, the constable must proceed promptly to execute it and make a return stating the manner in which it was executed. Written notice of seizure must be served to the judgment debtor and any occupants of seized property, along with an inventory of all property seized.

Warrant of Possession for Evictions

When a tenant does not comply with a judgment of eviction within twenty-four hours after it is rendered, the court immediately issues a warrant of possession directing the constable to seize the leased property, remove the tenant, and deliver possession to the landlord. The warrant must set forth the complete and accurate address where it is to be executed.

The warrant must be executed in the presence of two witnesses. If windows, doors, or gates are locked or barred, entry may be gained by breaking them open as necessary, but caution must be exercised to ensure the correct premises are being entered. After execution, the return is completed on the warrant form and filed with the court.

Writ of Sequestration

When the court issues a writ of sequestration, the constable serves the writ, seizes the specified movable property, and prepares a written inventory of everything taken into custody. The return must show when and how the writ was executed and list the property held.

The property must be kept secure until the court orders release, sale, or delivery to the prevailing party. If the defendant furnishes security or the writ is dissolved, the property is returned and the release documented.

La. C.C.P. art. 1293La. C.C.P. art. 4705La. C.C.P. art. 3571La. C.C.P. art. 3576

Exceptions to Constable Service

State law provides limited exceptions when someone other than the constable may serve process.

When Alternative Service Is Allowed

A JP may request the sheriff, sheriff’s deputies, or other special deputy constable to serve process only when: the constable is disqualified because of relationship with a party; the constable is unable to act due to illness or other cause; the constable is unwilling to act; or the constable is not personally present when conservatory writs are sued out.

Private Process Servers

If the constable has not made service within ten days after receipt of the citation, or has been unable to make service, the court may appoint a private process server to make service in the same manner that the constable would serve the citation. The court issues an order naming the person as private process server. Only the named party may make service — they may not delegate this authority to another person.

To serve as a private process server, the court may appoint a person over the age of eighteen who resides within the state, is not a party to the action, and whom the court deems qualified. A person who is a Louisiana licensed private investigator is presumed qualified. The court may also appoint a juridical person — a corporation or partnership — which may select an employee or agent to make service.

La. C.C.P. art. 324

Deputy Constables

Constables in certain parishes may appoint deputy constables to assist with their duties.

Appointment Authority

Constables in Ascension, Caddo, Calcasieu, Caldwell, St. Martin, and Union parishes can appoint one deputy constable. Each duly elected constable in East Baton Rouge Parish and Jefferson Parish can appoint one or more deputy constables. Duly-appointed deputy constables enjoy the same authority as elected constables, and the constable is responsible for the acts of their deputy constables.

P.O.S.T. Training Requirements

Deputy constables are peace officers as defined by Louisiana law and must meet Peace Officer Standards and Training (P.O.S.T.) requirements. Full-time deputy constables must successfully complete a certified training program approved by the Council on Peace Officer Standards and Training and pass a council-approved comprehensive examination within one calendar year from the date of initial employment.

La. R.S. 13:3477La. R.S. 13:3478La. R.S. 40:2402La. R.S. 40:2405

Compensation and Fees

Constables receive compensation from both parish and state sources, plus separate fees for specific services.

Salary and Court Cost Sharing

Constables receive salaries fixed by the parish governing authority and paid by the parish, as well as state supplemental salary. Constables share in court costs collected from civil cases — fifty percent of court costs are used for compensation and operational expenses of the ward constable’s office. Constables cannot receive fees in criminal matters or peace bond cases.

Constable Service Fees

In addition to sharing court costs, constables are entitled to separate fees for specific services performed. These fees are set by R.S. 13:5807 and include:

Service of process fees range from $10 to $30 for citations, petitions, subpoenas, notices, and other documents. For collecting money for execution of a writ (with or without seizure and sale), constables receive six percent with a minimum of $12.50. Additional fees apply for writs of sequestration, garnishments, judgment debtor examinations, and other specialized services.

The fee for collecting money for execution of a writ without seizure or sale (R.S. 13:5807(A)(14)) is allocated to the constable’s office as with court costs, as provided by R.S. 13:2590(C).

La. R.S. 13:2590La. R.S. 13:5807