Weddings & Evictions
Justice of the Peace
We hope the information contained on this page will enable you to understand the role of the Court and provide the information necessary should you ever need the Court’s services.
Weddings & Marriage Licenses
The Clerk of Court is able to aid couples in their marriage preparation by providing the marriage license. The license, which expires thirty (30) days from the date of issuance, must be obtained at least seventy-two (72) hours prior to the wedding ceremony. The cost of acquiring a license is $27.50.
Louisiana law states that both parties must be eighteen (18) years of age to marry without parental consent. Applicants sixteen (16) and seventeen (17) years of age must have the written consent of both parents. Applicants under the age of sixteen (16) must have authorization from a district court judge in addition to the written consent of both parents.
Only one party need be present to obtain the license. However, the following information and documentation is required of both applicants for the completion of the marriage license:
- Certified birth certificates and/or birth cards.
- Social security numbers.
- Full names, places of residence, race, and ages.
- Names and birthplaces of the applicants’ parents.
- The number of previous marriages and, if applicable, whether divorced or not. You must know the month and year of any prior divorce. Widows and widowers must know the month and year of the death of their former spouse.
Eviction Notices
The Plaintiff (landlord/manager/owner) must obtain a Five-Day Notice to Vacate prior to the expiration of rent. The landlord delivers the written notice to the tenant. Service may be made by posting the notice on the door if the tenant does not answer the door.
Two witnesses must accompany the landlord when notice is given and must sign the landlord’s copy of the notice. There are special provisions that may apply to written leases, requiring a thirty (30)-day advance notice. Please review the written lease to see if that applies.
RULE FOR POSSESSION OF PREMISES:
- If the tenant does not pay the rent or move from the premises after the receipt of the Notice to Vacate, the landlord can then file for eviction and a rule to show cause will be fixed for hearing within five (5) days. This process is called an Eviction Suit. At this time you will have to pay the Advance Filing Fee to proceed to trial.
- The normal trial rules apply as described in the Small Claims Court section for all suits, including evictions.
- If a judgment of eviction is granted to the landlord, the tenant is notified at trial, or by the Constable’s office (if the defendant fails to show at trial), that he must vacate the premises within twenty-four (24) hours of the signing of the judgment. If the defendant does not show up at trial, there will be an additional fee charged to the plaintiff to serve the defendant the judgment.
- Final step — Writ of Ejectment
If the tenant does not move out within the twenty-four (24)-hour time period, then the landlord may request a Writ of Ejectment or warrant for possession. At that time the Constable and/or Sheriff meets with the landlord at the address of the rent property and the landlord is given possession of the property. The tenant can be removed either voluntarily or by force if necessary. There is an additional charge billed to the plaintiff for this service.
If you are not satisfied with the Court’s judgment, you may appeal its decision. An appeal must be filed in Pointe Coupée Parish IMMEDIATELY after trial. You MUST contact an attorney to file an appeal. However, filing an appeal does NOT stop the judgment from being carried out.