3.7.4 Effect of Appearance or Attorney Contact

If the party who fails to answer has made an appearance of record in the case, notice that the plaintiff intends to obtain a default judgment must be sent by certified mail to counsel of record for the party, or if there is no attorney of record, to the party, at least 7 days before a default judgment can be rendered.1

If an attorney for a party who fails to answer has contacted the plaintiff or his attorney, in writing, concerning the action after it has been filed, notice that the plaintiff intends to obtain a default judgment must be sent by certified mail to the party’s attorney at least 7 days before a default judgment may be rendered.2

Examples of an “appearance” include filing an exception or a motion for a continuance, filing a motion for an extension of time to answer, or attendance at the Hearing Officer Conference. An affidavit or certificate of service of the 7-day notice should be filed into the record.

• 1La. C.C.P. art. 1702(A)(2).
• 2La. C.C.P. art. 1702(A)(3); see id. cmt. 2021(a) (providing that notice may be sent electronically or any other type of writing and that if notice is not given, any default judgment shall be a nullity); First Bank & Trust v. Bayou Land & Marine Contractors, Inc., 12-CA-295 (La. App. 5 Cir. 10/30/12), 103 So. 3d 1148.