Except as otherwise provided by Articles 1920 and 2164, if judgment is rendered against a party who has been permitted to litigate without the payment of costs, he shall be condemned to pay the costs incurred by him, in accordance with the provisions of Article 5186, and those recoverable by the adverse party. The failure of the indigent party to pay the costs specified in this Article shall not prevent entry of a judgment in favor of any party who is not responsible for the costs.
Art. 5188.Unsuccessful Party Condemned to Pay Costs
Book IX. Miscellaneous Provisions and Definitions · Title I. Miscellaneous Provisions · Chapter 5. Payment of State Inheritance Taxes · Last amended 2012 · Last verified July 30, 2026
In one sentenceArticle 5188 condemns a party who litigated under the poverty privilege but lost to pay the costs they incurred and those recoverable by the winning side, subject to Articles 1920 and 2164, without letting the indigent party's failure to pay block entry of judgment for a party not responsible for those costs.
Full Text of Art. 5188
Amendment History
Acts 1993, No. 852, §1; Acts 2012, No. 741, §1.
Plain-English Summary
The poverty privilege defers the obligation to pay costs; it does not forgive it if the privileged litigant ultimately loses. Article 5188 states the default consequence directly: if judgment is rendered against a party who litigated without prepaying costs, that party is condemned to pay both the costs they incurred, as accounted for under Article 5186, and the costs recoverable by the party who prevailed against them.
This rule operates subject to two other articles governing how costs are cast generally, Articles 1920 and 2164, which give trial and appellate courts discretion over the assessment of costs. Article 5188 does not override that discretion; it fits within it, establishing that the poverty privilege is not, by itself, a shield against an ordinary costs award once the case is over and the indigent party has lost.
The article also protects other parties in the case who bear no responsibility for the indigent party's costs. If the indigent party cannot or does not pay the costs Article 5188 assesses against them, that failure does not block the entry of judgment in favor of a party who is not responsible for those costs. A litigant's continued inability to pay does not hold the rest of the case hostage.
Frequently Asked Questions
What happens to court costs if a litigant who used the poverty privilege loses the case?
Article 5188 condemns the losing indigent party to pay the costs they incurred, under the accounting required by Article 5186, plus the costs the prevailing party can recover.
Does the poverty privilege mean the litigant never has to pay costs?
No. It defers payment while the privilege is in force, but Article 5188 makes the indigent party responsible for costs if judgment is ultimately rendered against them.
Can an indigent party's unpaid costs delay judgment for other parties in the case?
No. Article 5188 states that the indigent party's failure to pay costs does not prevent entry of judgment in favor of a party who is not responsible for those costs.
Do Articles 1920 and 2164 still apply to a case involving the poverty privilege?
Yes. Article 5188 operates subject to those articles, which give trial and appellate courts their general discretion over how costs are assessed.
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
Also known as: unsuccessful indigent party costs LouisianaArticle 5188 Louisianawho pays costs when poverty privilege litigant losescost recovery after judgment Louisianapoverty privilege does not forgive costs