The following FAQs are grouped by the department. You may browse through all the questions here or select a department from the list and jump to the selected department.
Administrative Accounting Civil Appeals Civil, Family and Probate Records Collections Copy Criminal Records Data Indexing Elections Family Processing Family Violence Microfilm Mortgage Public Information Public Service Recording Suit Accounting Traffic
1. What is the Judicial Interest Rate?
As of 2006 it is 8%. Keep in mind it changes every year. For further information please see the Louisiana State Bar Association page and table on the Judicial Interest Rate.
2. What is the balance on our customer account? or I have a question concerning my statement.
Please call Administrative Accounting at (225)389-5121.
3. What are your regulations to open a charge account?
We have a 2-page application which must be completed. Customers must be in-state.
4. What is your Tax ID number?
Our Tax ID number is 72-6000350.
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1. How do I appeal a Judgement (decision)?
A written Judgment must be filed and signed, then a motion and order is to be filed, and submitted to the Court in which your case was decided. Once your Motion and Order is read and signed by that Judge, it must then be received by this department for the processing of the appeal record.
2. How much does an Appeal cost?
Although the method for calculating the cost for filing an appeal record is standard, the total cost will vary for each case based on its size and other aspects. The calculation must consider the number of pages in the suit, the number of minute entries and indexes as well as the cost of transcription which is done by the Judicial Administrator's Office. In addition, the filing costs of the Court of Appeal and/or the Supreme Court must be included.
3. When will my Appeal be sent to a "Higher" Court?
No matter is forwarded to this court until each of the following has been completed:
-A motion with order for appeal has been filed, signed and received by this department;
-A complete calculation of all costs due is billed to the appropriate litigant/attorney, and received by this department; This Estimated Appeal Charges form is sent by certified mail, and a response must be received within 20 days. If the charges are not paid, then the Appellee or this office may file a Motion to Dismiss for Failure to Pay.
-A Notice of Return Date will be set for lodging
4. How do I get my case transferred to another parish?
In order to transfer a case to another parish it is necessary to:
-Prepare a motion with an order for transfer, which is filed and submitted to the Judge presiding over that case; a cost bill will be sent to the party requesting the transfer.
-All costs due in this matter must be paid in full;
-The signed Motion with Order for Transfer must be received by this department for processing and preparation for transfer to the appropriate parish.
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1. Where is your department located?
In the Governmental Building, which is located at 222 St. Louis Street, B-108 for Civil Suits and B-109 for Family and Probate suits.
2. What is a certification according to the Act of Congress?
It is a document that certifies the authencity of papers attached thereto. It is certified by the Clerk of the District Court, who is identified in his legal capacity by a Judge of the District Court who in turn is certified as to his legal capacity by the Clerk.
3. When does a document need to be certified by an Act of Congress?
Documents need to be certified according to the Act of Congress when they are being sent to another state.
4. What is a Duty Court Judge?
It is a particular Judge assigned to handle certain duties of the Court for a weeks time. They sign orders pertaining to Foreclosures and Preliminary Defaults and Probate matters.
5. What are the different terms of service and what do they mean?
Personal Service - When someone is personally handed service of papers to be served upon them individually.
Domiciliary Service - When papers are left at someone's domicile to be given to the person named on the papers of service. The person with whom the papers are left must be of legal age.
Due and Diligent - This means the Deputy was unable to locate the person named on the papers to be served. It could be for various reasons (moved, no such address, no longer living there, etc...). The papers are returned to the Clerk of Court's Office indicating UNABLE TO LOCATE.
Secretary of State - Papers are served to the Secretary of State's Office in their capacity as agent of service appointed for the person(s) or business indicated on the service papers.
C.T. Corporation - A corporation authorized to accept service for large companies that are usually domiciled out of state.
6. What is housed in your department?
Civil, Family and Probate suits for the last 5 years;
Civil Microfilm beginning with #217,700 thru 309,135;
Family Microfilm beginning with #24,315 thru 77,532;
Probate Microfilm beginning with #12,200 thru 47,833
Notes beginning with suit number 383,500 and current to date.
7. Can you tell me about the various types of suits located in your department?
Civil Suits - Action brought to enforce or protect private rights. Suits filed for money judgements.
Family Suits - Matters that consist of Child Abuse (neglect proceedings), Child Support, Paternity proceedings and Divorce.
Probate Suits - Relate to the Probating of Wills and Administration of Estate matters. These matters involve collecting a decedent's assets, liquidating liabilities, paying taxes and distributing property to heirs.
Probate matters also relate to the Emancipation of Juveniles. This is when parents renunciate their parental duties, including the right to the care, custody and earnings of such a child.
An Interdiction is also considered to be a probate matter. This matter is initialized when someone is considered to be incapable of managing his/her own interests. They are put under the control of guardianship of someone, who is appointed by the Court, to administer his/her affairs.
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1. What is this bill for?
Bills mailed from the Collections Department are for outstanding Court costs.
2. My spouse filed this suit, why am I getting the bill?
Usually when this occurs, there has been a judgement in the case wherein the Judge cast the defendant with the cost.
3. We no longer represent this person, why am I getting this bill?
We will pull the record and see who the new attorney or Pro Se counsel is and direct the charges to them.
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1. Can I get a map in in this department?
Yes, we have maps in our Copy Department.
2. How do I find a deed to my property?
Our Public Service Department will be able to help you with this.
3. Where are your Adjudicated Rolls?
Adjudicated Rolls are located in our Public Service Department.
4. Why are Original & Bundles kept in Archives?
Unfortunately, we do not have enough storage capacity inside the Governmental Building. Anything before Bundle 9772 is stored in our Archives.
5. Can I charge this on my MasterCard or Visa?
No, we can only take cash or checks. You may also use your Clerk of Court's account.
6. Do you take personal checks?
Yes, with proper identification.
7. May I wait on these copies?
Yes.
8. How much are copies? maps? certifications?
Copies are $.50 a page. Maps are $3.00. Certifications are $5.00.
9. What kinds of documents are kept in Copy?
We have Mortgage, Conveyance, and Chattels Records, Donation & Judgement Books, Recorded Maps for viewing only. Tax Assessment Rolls are available for viewing in the Public Service department.
10. Do you take orders over the telephone/Do you fax?
No, we don't. Public Service, however will take requests from mail or phone.
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1. I need to get my case number and the name of my Judge. Where do I go?
That information may be retrieved from the Criminal Record Department. We will need to know the defendant's name, date of arrest and charge. If we have a case number we will be able to give it to that person or if that information is not available we will refer him to the District Attorney's Office.
2. How do I get a charge off of my record?
This is an expungement. Our office supplies instructions and a copy of the law that we will give to this person. We will explain briefly our procedures and costs.
3. I got someone out of jail and put my property up as surety bond, now I need to get this cleared. How do I do this?
Our office is responsible for getting the sentencing minutes and a copy of the bond contract for this particular case and defendant. We will instruct the person what he needs to do next, since there are several steps to this procedure.
4. I got a DWI and I've gone to Court and did all of the stuff that the Judge told me to do. I need to get my insurance straight and the Department of Public Safety sent me to this department.
This Department is able to help this defendant by giving him a certified copy of the bill, sentencing minutes and also the minutes that grants the 894.
5. Does this department provide criminal history record checks?
The Criminal Records Department does provide criminal history checks for a fee of $20.00 per name. Among the common uses for these checks are job purposes, obtaining a house or apartment, and entry into the military. Private businesses sometimes check prospective employees. These checks are also done when a person is buying a weapon.
6. I'm trying to get a gun permit and/or job, and I got in trouble a long time ago and this is showing up on my record and these people want to know what happened in this matter.
We would be able to look this person's name up for the year he was arrested and find the case number and disposition. If they went to court we would be able to give them a copy of their minutes. If this matter never went to Court, we have forms that we can fill out which would help them obtain their permit and/or job placement.
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1. What information is housed in the Data Indexing Department?
Data Indexing will have only the most currently recorded documents which have not been microfilmed. The department can provide copies of these documents upon a request from the Copy Department, and the original documents may be viewed by individuals when necessary. Generally, original documents spend only a brief amount of time in Data Indexing to be indexed, and then move on to the microfilm process and permanent binding. No older records or information are housed in the department.
2. In order to see an actual document that was recorded several weeks, months, or years ago, where would I have to go?
All original documents are permanently bound into a book and placed in the Copy Department. A microfilm copy of the original can be obtained in the Copy, Public Service, or Mortgage Departments. Data Indexing has only the most current recorded documents which have not yet been microfilmed.
3. I need to find out if the sale on my house has been recorded. What do I need to do to find this information?
The Public Service Department will be able to assist you with this; they will need to know who the seller or buyer is. At this point, the computer is checked to see if the document was recorded within the last 4 years. If older than this, it can be found in printed indices (indexes) or microfilm indexes located in the Public Service Department.
4. Do I have any liens on my property?
This information is also provided by the Public Service Department. They will need the owner's name to run the mortgage records on the computer for the past 4 years and then go to the Mortgage Department and run the printed indices (indexes), and microfilm indexes.
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1. I'm confused. How does the EBR Parish Clerk of Court's Election Department differ from the Registrar of Voters' Office?
Generally, the EBR Parish Clerk of Court's Election Department deals with qualifying fees and dates, qualification requirements of candidates, proposed election dates, becoming a commissioner, and training schools. The Registrar of Voters' Office deals with voter registration and updating those records, absentee voting, election districts (for instance what election district you are in for Senator, Representative, School Board, etc.), and locations for voting.
2. How do I become an Election Commissioner?
Twice a year, the Clerk's office trains registered voters to become election commissioners. Call the Election Department @ 295-4765 after New Years or after the 4th of July and applications will be taken over the phone. You will be told of the time, date and place of the school.
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1. How much does it cost to file or serve Pleadings?
The Suit Accounting Department will be able to help you with this.
2. Can you tell me if a Pleading has been served?
Yes, we can. However, if it has been issued and we do not have a return yet, we will refer you to the appropriate sheriff's office.
3. Can you tell me where Pleadings are located?
Yes, after checking our computer, we can tell you if they have reached our office yet. Many times, they are still in the Judge's office.
4. How do I complete an Income Assignment Order?
We have a packet with instructions.
5. Can you change the date on an Order because service was not perfected, and the Judge granted us a new date?
No, your office would need to file a new Order for the Judge to sign reflecting the new Court date.
6. How do I get a TRO (Temporary Restraining Order) issued?
Generally, the Family Violence Department will be able to help you with that.
7. What address do I mail the Pleadings to?
Mail to: Doug Welborn, P.O. Box 1991, Baton Rouge, LA 70821-1991, ATT: Accounting Department
8. Can I fax my request to issue a Pleading?
No, we cannot issue anything from a fax.
9. If I know the names of the litigants, can you tell me the case number?
Yes, we can.
10. Can you tell me if a Pleading has been signed yet?
Yes, we can.
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1. I need to get a Temporary Restraining Order but I am not related to the person. Can I get one here?
We issue Temporary Restraining Orders for people who are related, such as spouses, former spouses, parent and children, stepparent and stepchildren, foster parent and foster children, grandparents and grandchildren, and people cohabiting as spouses with minor children in the home also dating and former dating relationships.
2. What does it cost?
The costs are assessed to plaintiff or defendant depending on the Judges ruling.
3. How long does it last?
The Temporary Restraining Order last until the court date and at that time if the protective order is granted it could last up to 18 months.
4. Can I get custody of my child?
You can ask for temporary custody and, if the Judge grants the custody, it can last up to the 18 months.
5. Can I get Child Support?
Yes, if the Judge grants the that part of the order, if so, it can last up to 18 months.
6. Can I get him out of the house?
Yes. But if the house was bought before the marriage and is in the Defendant's name you cannot ask for the home until you go to court.
7. Can I also file for my divorce in this office?
NO. We do not handle divorces.
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1. Do you have Bundle #____?
Yes we do. What's your Original and Bundle number?
2. Can you look up some information for me in Bundle #___?
Yes, what is your Original number and what information do you need?
3. What are the charges to duplicate Maps, Notarial Acts, UCC's and Indicies?
The Microfilm Department only duplicates this work. The charges are assessed by the Copy Department Supervisor.
4. Can we visit your operation in the Microfilm Department?
You can visit our office Monday through Friday between the hours of 7:30 a.m. to 5:30 p.m. We must schedule a day and a time in advance.
5. Can you fax an Act to me?
We fax only to the departments in the Clerks' Office unless the person calling from one of our departments request the copy to be faxed elsewhere.
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1. What is a Sheriff Sale?
A Sheriff Sale is the result of "Executory Process," meaning, I have a claim against your property and if you do not satisfy my claim, then I have the right to your property or just compensation.
2. I have paid off my mortgage, how can I get it cancelled from the Public Records?
First, you must bring the note (marked Paid) to our office. We will prepare an Act of Cancellation that is then recorded in the Public Records to effect cancellation. (NOTE: A Cancellation Fee will be assessed by our office.)
3. What is a Constable Sale?
A Constable Sale is the result of a City Court suit. The constable is the agent for service in the City
Court, within the City limits.
4. What is a Lien Certificate?
A Lien Certificate is the certification that there are no Materialman's and/or Labor Liens outstanding on a particular job or piece of property under the name(s) which are listed on the Contract and Acceptance of Work.
5. What is a Marshall Sale?
A Marshall Sale is the result of matters filed within the Federal Court System. The Marshall Sales that we are familiar with are the result of a default on a VA or FHA mortgage. The U.S. Marshall is the agent for service for the Federal Court System.
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1. How do I find the owner of a piece of property?
Our office does not handle this service. However, if you have the address, you may contact our Public Service Department at (225)389-3950 to obtain the legal description. With the description, you then contact the Tax Assessors Office at (225)389-3920 and they will tell you who assesses the taxes on that piece of property.
2. Can I file for my own divorce? Do you have forms in your office for that?
Our office does not handle this service. However, you can file for your own divorce, but forms are not available from this office. You need to contact a Family attorney or Legal Services to draw up the paperwork.
3. I need a copy of my Birth Certificate, can you help me?
You need to contact the Office of Vital Records at (504) 568-5152 (New Orleans) or (225) 342-1930 (Baton Rouge Satellite Office).
4. Is this the office that handles the Kids I.D. Program?
Yes it is. We would be happy to talk with you about our program and/or set a date and time.
5. Is this the office that handles problems with Cablevision? Could you please tell me what governing body governs Cablevision?
The Public Information Office for the City of Baton Rouge is the office that you need. Their number is (225)389-3121. This is the Public Information Office of the Clerk of Court.
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1. Can I get a legal description for a piece of property?
Yes, you can. All I need from you is the address of the property.
2. Do you need a blood test to get a Marriage License?
You no longer need a blood test to get a Marriage License.
3. How can I get a copy of a Marriage License?
You can come into the office or send in a written request along with five dollars.
4. Can you check to see if a Mortgage has been cancelled?
Yes. All we need is the approximate year or if you don't know that, the date of the mortgage.
5. I need to know if I can get the owner of the lot on the corner of ____ and _____? It's abandoned so there is no address.
This request is possible; however, it may require map research in order to locate the lot number which is what you will need in order to get the owner's name (usually from the Tax Assessor's Office)
6. Can you help me to locate the deed to my property?
In Louisiana, there is no such thing as a deed. The papers that show the transfer of property from one individual or group to another, serves as your "deed."
7. What do I need to get a Passport?
In order to apply for a Passport you will need:
-a completed DSP-11 Passport application
-two 2x2 recent Passport photographs
-a Certified Copy or Original Birth Certificate
-Driver's License or a picture I.D.
-a $67.00 check made payable to U.S. Department of State *For applicants 16 & older*
or
-a $52.00 check made payable to U.S. Department of State *For applicants under 16*
-$30.00 in cash for a processing fee
Visit this link for more information and to download applications http://www.travel.state.gov/passport/passport_1738.html
8. Can you send me forms for a divorce?
No. We do not have forms for a divorce. You must contact a Family attorney or Legal Services to draw up the paperwork.
9. Can you tell me how much I owe on my mortgage?
No. We cannot tell you how much you owe on your mortgage. Your mortgage company will have that information. However, we can tell you the original amount of the mortgage.
10. Can you fax me a copy of a document that you have on file?
We can only fax if you have an account with us, otherwise we must have prior payment before we can fax or mail out any information.
11. Can you check to see if there are any Liens or Judgements against me or my property?
We can check the current years (last 4 or 5) on the computer terminal, however anything beyond that will require some research, which means you may have to come into the office.
12. Who are the Vendors?
The sellers.
13. Who are the Vendees?
The buyers.
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1. Can I record faxed copies?
No, we must have the original or a certified copy in order to record.
2. What is the turn around time when mailing in documents?
The turn around time is about 2-3 days.
3. May I wait on my documents to be recorded?
Yes, you may wait while your documents are being recorded.
4. Do I get to keep my original documents?
No, we must keep all original documents.
5. Do you accept personal checks?
We accept local personal checks with proper identification, except for recording of property bonds.
6. Can I charge the recording fees on my credit cards?
No, we only accept cash or checks. You may use your Clerk of Court account.
7. Are judgements of possession recorded automatically?
No, they are not recorded automatically.
8. I have paid off my mortgage, what do I have to do now?
First, you must take the note (marked paid) to the Mortgage Department to be approved.
Second, you must bring the note to our department to be recorded.
9. Do I get to keep the original note on a cancellation of mortgage?
No, we must keep the original note.
10. Trade name certificate questions. Do I record with East Baton Rouge Parish or the State to reserve the name?
First, you need to decide if you want to reserve the name parish wide or state wide.
Second, if you decide to reserve the name state wide, go to Secretary of State's office on Essen Lane [(225) 925-4704].
Third, if you decide to reserve the name parish wide, you need to decide if you want to do a trade name search with the Clerk of Court, in the Public Service Department to see if anyone else has reserved the name. (This search is ONLY PARISH WIDE you still need to search state wide.)
Next, you must fill out the trade name affidavit, it must be notarized.
Finally, you must bring it to the Recording Department to have it recorded.
11. Do I record this UCC-1 in any parish in the state or just in the parish where the property is located?
You can record in any parish, but must record subsequent filing for that same number in the same parish.
12. Can I record a UCC-3 (subsequent filing) in any parish?
No, you must record the UCC-3 in the same parish where you recorded the UCC-1.
13. Where is your department located?
In the Governmental Building, which is located at 222 St. Louis Street, Room 151 or our branch office at 10500 Coursey Blvd., Second floor.
14. How much are the recording fees?
Refer to the fee section.
15. Can I record a document at the Coursey Branch?
Yes, you can record everything at the Coursey Branch Office except for a reinscription of a mortgage.
16. Do you close for lunch?
No, we are open from 7:30 a.m. until 5:30 p.m..You can record any time during these hours.
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1. Does your office accept filing by fax?
Yes we do. Read La. R.S. 13:850 for the law governing such transactions. Our fax telephone number (225)389-3392 is available 24-hours, 7-days a week. The cost for fax filing is $5.00 plus $.50 per each page faxed. A receipt is faxed to the sender indicating the:
-date the filing was received;
-suit number and division (if a new suit is filed);
-what item was received by fax;
-the total amount due for filing;
-a reminder to indicate on the original that the item was filed by fax;
-a notice that the original is required to be filed within 5 days from the date of the fax, along with payment of all charges indicated
2. When filing a bond for Jury, what should I be sure to include?
Always make sure that you include $220.00 for the filing cost. In addition, please make sure:
-the bond is "bound unto the Clerk of Court for the Parish of East Baton Rouge," or some similar type wording;
-the dollar amount is clearly spelled out;
-separate affidavits of principal and surety are provided when not utilizing the "Power of Attorney" form.
3. Can I file my Pleadings and pay for them later?
The majority of Pleadings filed require payment of an advance deposit, as indicated in
La. R.S. 13:842. If received by mail, those pleadings which do not have the proper fee, are mailed back to the filing attorney with a bill indicating the cost due. Only those pleadings filed with a pauper motion (or a previously approved pauper motion) and those exempted from payment of advance deposits by law are filed without payment of cost attached.
4. If I am requesting service (Sheriff & Secretary of State) do I send multiple checks for payment to each body or can all be paid on one check?
No, you can include the total cost for issuance of service on a single check. The Clerk's office will issue payment to each of the servicing bodies involved.
5. Can the Clerk of Court provide me with a report of the costs in my suit?
It is called a "Case Accounting Report"; $1.00 per page payable in advance.
6. How do I file a Pleading in your Court...do you have a form I can fill out?
We do not provide any forms for the variety of Petitions and Pleadings which may be filed in the 19th JDC or Family Court. In addition, the Deputy Clerks are not allowed to offer advice or direction in the preparation of these items, only the appropriate cost information, as this may be construed as giving legal advice, which we will not take responsibility for. We urge every inquirer to seek competent legal advice before submitting any document or Pleading for this Court.
7. How is the collection of cost incurred by Pauper litigants and Political Subdivisions handled in your Court?
The important thing to remember is the phrase "exempt from payment of advance costs ." The statute only allows these parties to file documents into a case without payment of costs as they occur. However, when the matter is settled/dismissed, whatever charges that have accrued are due and payable by the party which is cast for costs in the judgement.
8. If I have a suit that is not filed in the 19th JDC or your Family Court (out-of-state, etc.), when I am requesting service (or subpoena) on an individual in your parish, what is the easiest procedure?
The East Baton Rouge Parish Sheriff's Office suggests you forward your request along with documents to be served directly to their attention. Please contact the East Baton Rouge Sheriffs Office Civil Processing department at 225-389-4824 for exact costs.
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1. I need to find out a court date.
We can help, please call (225) 389-4761.
2. I need information about a ticket given by the City Police.
You need to contact City Court at (225) 389-5294
3. I need to find out the amount of my ticket.
Call the East Baton Rouge Sheriffs fines desk at (225) 389-4761
4. I have a Bench warrant and I need to take care of it.
Call (225) 389-4761
5. I need an extension.
Call (225) 389-4761
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