CCP 1704

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CCP 1704

Art. 1704. Default judgment in suits against the state or a political subdivision

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.

Added by Acts 1978, No. 149, §1, eff. June 29, 1978; Acts 1986, No. 155, §1, eff. June 28, 1986; Acts 2017, No. 419, §1; Acts 2021, No. 174, §1, eff. Jan. 1, 2022.