A default judgment in Louisiana is a court order entered against a defendant who fails to respond to a lawsuit within 15 days of being served, but it is not automatic: the plaintiff must first obtain a preliminary default, then confirm a final judgment by putting on enough evidence to prove the case. Defendants who learn about a judgment after the fact still have options, including annulment and appeal, but the deadlines are short and the grounds are specific.
The 15-Day Deadline That Starts Everything
Once a defendant is properly served with a Louisiana civil lawsuit, the clock starts. You have 15 days to file an answer or other responsive pleading.1Justia. Louisiana Code of Civil Procedure Article 1001 Miss it, and the plaintiff can immediately move for a preliminary default.
Proper service is not a formality. Louisiana treats citation and service as essential to every civil action, and without them the proceeding is void.2Louisiana State Legislature. Louisiana Code of Civil Procedure Article 1201 If you were never actually served, the 15-day window never opened, and any default judgment entered against you is vulnerable.
How the Plaintiff Gets the Judgment
Louisiana uses a two-step process. First, the plaintiff asks the court to enter a preliminary default, which can be done by oral motion in open court or by written motion mailed to the court.3Justia. Louisiana Code of Civil Procedure Article 1701 The clerk records it in the minutes. At that point nothing has been decided and no money is owed. The preliminary default simply opens the door to the next step.
Second, the plaintiff has to confirm the default by establishing a prima facie case: enough competent, admissible evidence in the record to support every element of the claim.4Louisiana State Legislature. Louisiana Code of Civil Procedure Article 1702 The court reviews the evidence and decides whether the plaintiff has met the burden. Thin documentation or unsupported damages can defeat a request even when the defendant never shows up.
If the defendant appeared in the case at any point without filing a formal answer, the plaintiff must send certified mail notice of the intent to seek a default judgment at least seven days beforehand.4Louisiana State Legislature. Louisiana Code of Civil Procedure Article 1702 Skipping that notice can invalidate the judgment.
Contract Claims Versus Tort Claims
The evidence required depends on the type of claim. For contract claims (conventional obligations in Louisiana terminology), the plaintiff can prove the case entirely through affidavits and attached documents. Live testimony is not required, though the court can demand it.4Louisiana State Legislature. Louisiana Code of Civil Procedure Article 1702 A signed contract, invoices, and a sworn statement of the amount owed will often be enough.
Tort claims (delictual obligations) demand more. The plaintiff must give their own testimony along with corroborating evidence such as affidavits and exhibits. For a car accident or personal injury default, expect the court to want testimony backed by medical records, repair estimates, or similar documentation.
The Military Service Affidavit
Before entering any default judgment, the court requires a federal affidavit stating whether the defendant is in military service, or stating that the plaintiff cannot determine the defendant’s status.5Office of the Law Revision Counsel. 50 United States Code 3931 – Protection of Servicemembers Against Default Judgments This comes from the Servicemembers Civil Relief Act and is not optional.
If the defendant is on active duty, the court must appoint an attorney to represent them and can grant a stay of at least 90 days. Where military status cannot be determined, the court may require the plaintiff to post a bond. A plaintiff who skips or falsifies the affidavit risks having the whole judgment thrown out.
What a Default Judgment Does to a Defendant
Once confirmed, a default judgment is fully enforceable. The plaintiff becomes a judgment creditor with the tools that come with that status. Wages can be garnished. The judgment can be recorded in the mortgage records of any parish where the defendant owns real estate, creating a lien. Bank accounts can be frozen and drained. A writ can direct the sheriff to seize and sell non-exempt property such as vehicles or equipment.
Judicial Interest Keeps Adding Up
Every Louisiana money judgment accrues judicial interest from the date it is signed. For 2026, the rate is 7.50%.6Louisiana Office of Financial Institutions. Judicial Interest Rates The Commissioner of Financial Institutions recalculates it each year under a statutory formula. On a $50,000 judgment, that is $3,750 in the first year alone, and it keeps building as long as the balance goes unpaid.
Ten Years, and Then Ten More
A Louisiana money judgment prescribes ten years from the date it was signed, or ten years from the date it became final after appeal.7LSU Law Center. Louisiana Civil Code Article 3501 But the creditor can revive the judgment before it prescribes, and a revived judgment gets a fresh ten-year window. There is no cap on how many times a judgment can be revived, so a determined creditor can keep the debt alive indefinitely.
Borrowing Gets Harder
Default judgments are public records, and lenders find them. FHA-insured mortgages are especially strict: FHA generally requires all court judgments to be paid off before a loan is eligible for insurance. The exception is a written payment agreement with the creditor, at least three months of on-time payments already made under it, and the monthly payment included in the borrower’s debt-to-income ratio.8U.S. Department of Housing and Urban Development. Mortgagee Letter 2013-24 – Handling of Collections and Disputed Accounts Prepaying those three months in a lump to satisfy the rule is explicitly prohibited.
Fighting a Default Judgment Already Entered
If a judgment has already been entered, Louisiana gives you two annulment routes. Which one fits depends on what actually went wrong.
Vices of Form Under Article 2002
The strongest ground is showing the court had no proper basis to act. A final judgment must be annulled if it was rendered against a defendant who was never properly served, against someone who lacked legal capacity and was not properly represented, or by a court that lacked subject matter jurisdiction.9Louisiana State Legislature. Louisiana Code of Civil Procedure Article 2002 The statute says “shall,” meaning the court has no discretion. If you were never actually served and never waived that objection, the judgment is void.
There is a catch. A defendant who voluntarily went along with the judgment, or who was present in the parish when it was enforced and did nothing, loses the right to annul under Article 2002.10Justia. Louisiana Code of Civil Procedure Article 2003 Waiting after you know about the judgment can cost you your best defense.
Fraud or Ill Practices Under Article 2004
A separate route exists when the plaintiff obtained the judgment through fraud or deceptive conduct. The action must be brought within one year of discovering the fraud, not one year from the judgment itself.11Louisiana State Legislature. Louisiana Code of Civil Procedure Article 2004 Louisiana courts read “ill practices” broadly, covering situations beyond outright fraud where a party manipulated the process to keep the defendant from responding. The court can also award attorney fees to whichever side wins the annulment action.
Appealing a Default Judgment
Louisiana has two kinds of appeals with different deadlines. A suspensive appeal pauses enforcement while the appeal is pending and must be filed within 30 days.12Louisiana State Legislature. Louisiana Code of Civil Procedure Article 2123 This is the option to stop wage garnishment or seizure while you fight. It requires posting security, typically a bond.
A devolutive appeal does not stop enforcement but preserves your right to challenge the judgment, and you have 60 days to file it.13Louisiana State Legislature. Louisiana Code of Civil Procedure Article 2087 Both deadlines run from either the expiration of the period for requesting a new trial or the court’s denial of that request. Miss them and the appeal is gone. Defendants who find out about a default judgment too late for either appeal are usually better served by pursuing annulment under Article 2002 or 2004.