The privilege granted by this Chapter shall be restricted to litigants who are clearly entitled to it, with due regard to the nature of the proceeding, the court costs which otherwise would have to be paid, and the ability of the litigant to pay them or furnish security therefor, so that the fomentation of litigation by an indiscriminate resort thereto may be discouraged, without depriving a litigant of its benefits if he is entitled thereto.
Art. 5182.Restrictions On Privilege
Book IX. Miscellaneous Provisions and Definitions · Title I. Miscellaneous Provisions · Chapter 5. Payment of State Inheritance Taxes · Amendment history unavailable · Last verified July 30, 2026
In one sentenceArticle 5182 restricts the poverty privilege to litigants clearly entitled to it, weighing the nature of the proceeding, the costs otherwise owed, and the litigant's ability to pay or post security, so as to discourage indiscriminate use without denying the privilege to those who truly qualify.
Full Text of Art. 5182
Plain-English Summary
Article 5181 creates the privilege; Article 5182 sets the standard courts apply in deciding who gets it. The privilege is not handed out for the asking. It is restricted to litigants who are clearly entitled to it, a standard that puts some real burden on the applicant rather than treating poverty as a formality to be checked off.
In making that call, courts weigh several things together: the nature of the proceeding itself, the court costs that would otherwise have to be paid, and the litigant's actual ability to pay them or to furnish security instead. None of these factors stands alone; a court reads them against each other to decide whether this particular litigant, facing these particular costs, truly cannot afford to pay.
The article states its own purpose candidly. The point of restricting the privilege is to discourage the fomentation of litigation through indiscriminate resort to it, meaning courts should not let the poverty privilege become an easy tool for encouraging lawsuits that would not otherwise be filed. At the same time, Article 5182 is equally clear that a litigant who is entitled to the privilege should not be deprived of its benefits. The restriction cuts against abuse, not against legitimate need.
Frequently Asked Questions
Does everyone who claims poverty automatically get the privilege of not paying court costs?
No. Article 5182 restricts the privilege to litigants clearly entitled to it, and a court weighs the nature of the proceeding, the costs involved, and the litigant's actual ability to pay before granting it.
Why does Louisiana restrict the poverty privilege instead of granting it freely?
To discourage what Article 5182 calls the fomentation of litigation by indiscriminate resort to the privilege, meaning courts guard against it becoming an easy way to encourage lawsuits that would not otherwise be brought.
Could someone who truly cannot afford court costs still be denied the privilege?
Article 5182 says the restriction should not deprive a litigant of the privilege's benefits if they are entitled to it, so the standard is meant to filter out unjustified claims, not to deny relief to those who truly qualify.
What factors does a court consider under Article 5182?
The nature of the proceeding, the court costs that would otherwise be owed, and the litigant's ability to pay them or furnish security in their place.
Source & verification. Article text is reproduced verbatim from
the Louisiana Code of Civil Procedure (legis.la.gov). Enacted by the Louisiana Legislature.
Last verified July 30, 2026.
· Official source
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