Title 13, Courts and Judicial Procedure
0 chapters · 2,055 sections in this title.
La. Rev. Stat. § 13:3856 Payment of fees in advance
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§3856. Payment of fees in advance The sheriff shall pay the recorder of mortgages a fee of one dollar for recording each notice filed for recordation; and the sheriff may charge a fee of fifty cents for each seizure entered in his seizure book. The sheriff is under no duty to mak…
La. Rev. Stat. § 13:3857 Duty of recorder of mortgages to file and record notice
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§3857. Duty of recorder of mortgages to file and record notice The recorder of mortgages shall file for record in his office the notice described in R.S. 13:3852 tendered him by the sheriff, shall record it in the order and under the serial number (if any) assigned to it on filin…
La. Rev. Stat. § 13:3858 Penalty for wilful violation of R.S
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§3858. Penalty for wilful violation of R.S. 13:3851 through 13:3861 by sheriff or recorder of mortgages A sheriff or recorder of mortgages who wilfully violates any provision of R.S. 13:3851 through 13:3861 commits a misdemeanor, and on conviction thereof shall be fined not less …
La. Rev. Stat. § 13:3859 Cancellation of inscription of notice on release of property from seizure
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§3859. Cancellation of inscription of notice on release of property from seizure If the property is released from seizure, the sheriff shall issue to the recorder of mortgages written authorization for the cancellation of the inscription in the mortgage records of the notice desc…
La. Rev. Stat. § 13:3860 R.S
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§3860. R.S. 13:3851 through 13:3861 provide an additional mode of seizing immovable property The provisions of R.S. 13:3851 through 13:3861 provide an additional mode of seizing immovable property in all parishes. Nothing contained therein prevents an actual seizure of the immova…
La. Rev. Stat. § 13:3861 Definition of terms used in R.S
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§3861. Definition of terms used in R.S. 13:3851 through 13:3860; provisions applicable to seizure of immovable property by constable or marshal As used in R.S. 13:3851 through 13:3860: the term "recorder of mortgages" means "clerk of court and ex officio recorder of mortgages" in…
La. Rev. Stat. § 13:3862 Court may order delivery of money or property to sheriff; punishment for contempt
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§3862. Court may order delivery of money or property to sheriff; punishment for contempt On ex parte motion of a party who has caused to be issued a writ directing the seizure of property, the court may order that money or other property on the person of the party against whom th…
La. Rev. Stat. § 13:3863 Seizure of land in two or more parishes; execution of process
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§3863. Seizure of land in two or more parishes; execution of process Whenever a sheriff shall seize under process from any court, any tract of land situated in part in two or more parishes, he may execute the process upon the whole tract. In such cases the sheriff shall give the …
La. Rev. Stat. § 13:3864 Seizure of rights in pending suit; rights of seizing creditor
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§3864. Seizure of rights in pending suit; rights of seizing creditor When the rights and interests of a litigant in a pending lawsuit are seized, the seizing creditor shall not interfere with the progress of the suit nor thereby acquire control of the action nor be permitted to s…
La. Rev. Stat. § 13:3865 Same; notice of seizure; lien or preference; dismissal, sale or compromise
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§3865. Same; notice of seizure; lien or preference; dismissal, sale or compromise The seizing creditor shall have a notice of seizure served upon the parties to the suit, and the effect thereof shall be to give such seizing creditor a lien or preference on whatever is realized by…
La. Rev. Stat. § 13:3866 Same; judgment for seized debtor; satisfaction of claim of seizing creditor
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§3866. Same; judgment for seized debtor; satisfaction of claim of seizing creditor In the event of judgment being rendered in favor of the seized debtor, the litigant cast shall not pay the amount thereof to the debtor without first satisfying the claim of the seizing creditor, o…
La. Rev. Stat. § 13:3867 Same; neglect of debtor to prosecute cause of action; sale of rights and interests
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§3867. Same; neglect of debtor to prosecute cause of action; sale of rights and interests If the debtor whose rights and interests in a pending suit have been seized shall refuse or neglect to prosecute his cause of action, the seizing creditor may require him to show cause why t…
La. Rev. Stat. § 13:3868 Same; execution on judgment
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§3868. Same; execution on judgment Where final judgment is rendered in the litigation in favor of the seized debtor and it is not paid voluntarily by the party cast, then the seizing creditor may execute on the judgment as exists in favor of his debtor, and shall be paid therefro…
La. Rev. Stat. § 13:3869 Seized property claimed by third person; affidavit of ownership; demand for indemnity bond
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§3869. Seized property claimed by third person; affidavit of ownership; demand for indemnity bond In all cases wherein the sheriffs or constables may have seized or may be required to seize any personal property, by virtue of any mesne or final process issuing from a court of com…
La. Rev. Stat. § 13:3870 Same; assignment of bond to claimant
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§3870. Same; assignment of bond to claimant The sheriff may assign the bond by his indorsement to the person or persons claiming the property, who may maintain an action thereon, and may recover such damages as they may be found to have sustained. After this assignment no action …
La. Rev. Stat. § 13:3871 Same; failure or refusal to give bond; return of property
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§3871. Same; failure or refusal to give bond; return of property In case the plaintiff or his attorney, upon the notice required by R.S. 13:3868 shall fail or refuse to furnish the indemnity bond required, then the sheriff may deliver up the property to the person in whose posses…
La. Rev. Stat. § 13:3872 Qualifications of surety on indemnity bond
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§3872. Qualifications of surety on indemnity bond Any resident of the state who is worth over and above all his debts and obligations an amount equal to the sum for which he will obligate himself under the bond, shall be qualified to execute as surety any indemnity bond authorize…
La. Rev. Stat. § 13:3873 Same; surety residing out of parish; approval
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§3873. Same; surety residing out of parish; approval Whenever the surety tendered upon any indemnity bond, to be given as provided in R.S. 13:3872, shall reside out of the parish in which the mesne or final process is to be executed, the solvency or sufficiency of such surety sha…
La. Rev. Stat. § 13:3874 Release of seized property to intervener, or plaintiff in injunction, claiming ownership
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§3874. Release of seized property to intervener, or plaintiff in injunction, claiming ownership The intervener, or plaintiff in injunction, who claims the ownership of property under seizure, regardless of the writ or process under which it has been seized, at any time more than …
La. Rev. Stat. § 13:3875 Repealed by Acts 1960, No
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§3875. Repealed by Acts 1960, No. 32, §2, eff. Jan. 1, 1961
La. Rev. Stat. § 13:3876 Storage of seized property; nonpayment of charges; sale of property;
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§3876. Storage of seized property; nonpayment of charges; sale of property; suspensive appeal Whenever movable property under seizure has been stored in a sheriff's or constable's warehouse, and more than six months have elapsed without the payment, by the parties in interest, of…
La. Rev. Stat. § 13:3877 Same; disposition of proceeds of sale
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§3877. Same; disposition of proceeds of sale From the proceeds of the sale of property ordered sold, pursuant to R.S. 13:3876, the sheriff or constable shall first deduct the costs of the sale, as well as the costs, charges and commissions due his office, and any balance remainin…
La. Rev. Stat. § 13:3878 Leased musical instrument not subject to seizure for rent
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§3878. Leased musical instrument not subject to seizure for rent It is unlawful for any landlord, lessee or owner of any tenement house or houses, or any agent of such landlord, lessee or owner to seize, or cause to be seized, for rent due by the sub-lessee or inmates of such hou…
La. Rev. Stat. § 13:3879 Justices of the peace; seizure of vessel or watercraft; costs, order of levy
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§3879. Justices of the peace; seizure of vessel or watercraft; costs, order of levy In all cases before any justice of the peace, where a writ or order of attachment, sequestration, or final seizure has been issued, under which any vessel, steamer, or other watercraft is being pl…
La. Rev. Stat. § 13:3880 Same; costs of keeping
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§3880. Same; costs of keeping So long as any vessel, steamer, or other water craft shall remain in the hands of the constable, the court shall not allow costs for more than one or two keepers, if the case require it. The costs of said keeping, in the case of the dissolution of th…
La. Rev. Stat. § 13:3881 General exemptions from seizure
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§3881. General exemptions from seizure A. The following income or property of a debtor is exempt from seizure under any writ, mandate, or process whatsoever, except as otherwise provided in this Section: (1)(a) Seventy-five percent of his disposable earnings for any week, but in …
La. Rev. Stat. § 13:3882 Seizing creditor may assert fraudulent title of intervener in answer to intervention
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§3882. Seizing creditor may assert fraudulent title of intervener in answer to intervention When the ownership of movable property under seizure is claimed by an intervener, the seizing creditor need not bring a direct action to assert that intervener's title is simulated or frau…
La. Rev. Stat. § 13:3883 Sheriff entitled to security; refusal to act in absence of security or advancement
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§3883. Sheriff entitled to security; refusal to act in absence of security or advancement A. The sheriff in the performance of official services pursuant to the provisions of this Chapter may demand security for his costs and actual expenses, in an amount as may be fixed by the c…
La. Rev. Stat. § 13:3884 Sheriff's seizing creditor to point out property
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§3884. Sheriff's seizing creditor to point out property When the sheriff to whom a writ is directed can find no movable property to seize or cannot identify said movable property, he may call upon the seizing creditor to point out to him any property on which he may have a claim,…
La. Rev. Stat. § 13:3885 Chattel mortgage; adequate description; other security agreements; exception to exemption from seizure
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§3885. Chattel mortgage; adequate description; other security agreements; exception to exemption from seizure A person who has granted a chattel mortgage containing an adequate description pursuant to R.S. 9:5352 on property provided for in R.S. 13:3881(A)(2) or (4) may not claim…
La. Rev. Stat. § 13:3886 Request for notice of seizure on specific property; notification by sheriff; failure to notify
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§3886. Request for notice of seizure on specific property; notification by sheriff; failure to notify A. Any person desiring to be notified of the seizure of specific immovable property or of a fixture located upon specific immovable property shall file a request for notice of se…
La. Rev. Stat. § 13:3886.1 Failure to notify
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§3886.1. Failure to notify A. The failure to notify any lienholder or other interested person having an interest in the property shall not affect the rights of the seizing creditor nor invalidate the sheriff's sale; nor shall any lien, privilege, or other encumbrance that is infe…
La. Rev. Stat. § 13:3887 Request for notice of assessment on specific property
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§3887. Request for notice of assessment on specific property A. Any mortgagee desiring to be notified in the event specific immovable property is assessed by a local governmental entity shall file a request for notice of assessment in the mortgage records of the parish where the …
La. Rev. Stat. § 13:3888 Filing of notice of seizure; effect of subsequent acts and cancellation of notice
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§3888. Filing of notice of seizure; effect of subsequent acts and cancellation of notice A. Upon the sheriff's filing of the notice of seizure required by Article 2293 of the Code of Civil Procedure, no sale, contract, counter letter, privilege, lien, mortgage, judgment, surface …
La. Rev. Stat. § 13:3889 Writ execution; prohibited agreements
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§3889. Writ execution; prohibited agreements A. The legislature finds that inequities and injustices are resulting due to the refusal of sheriffs to seize certain immovable property despite issuance of a writ of fieri facias or seizure and sale directing the sheriff to seize the …
La. Rev. Stat. § 13:391 Law clerks, stenographers, clerks, and other help
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§391. Law clerks, stenographers, clerks, and other help The judges of each court of appeal may appoint law clerks, stenographers, clerks, and other help necessary for the proper operation of their respective courts and shall fix their compensation. Amended by Acts 1960, No. 36, §…
La. Rev. Stat. § 13:3911 §§3911, 3912 Repealed by Acts 1960, No
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§3911. §§3911, 3912 Repealed by Acts 1960, No. 32, §2, eff. Jan. 1, 1961
La. Rev. Stat. § 13:3913 No particular sequence of sheriff's acts required in garnishment proceeding
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§3913. No particular sequence of sheriff's acts required in garnishment proceeding A. Nothing in the Code of Civil Procedure or in any other law shall be construed to require in a garnishment proceeding any particular sequence or order in which the sheriff serves on the garnishee…
La. Rev. Stat. § 13:3914 Service of garnishment process on nonresident doing business in this state who has not appointed agent for service of process
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§3914. Service of garnishment process on nonresident doing business in this state who has not appointed agent for service of process When the garnishee is a nonresident who is doing business in this state, but has not appointed an agent for the service of process therein, and who…
La. Rev. Stat. § 13:392 Payment of expenses
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§392. Payment of expenses A. The presiding judge of each of the courts of appeal, or any one of the judges, by the direction of the court, may draw a monthly warrant on the state for one-twelfth of the amount of the annual appropriation as made by the legislature for the expense …
La. Rev. Stat. § 13:3921 Judgment fixing portion subject to seizure; payment to creditor and processing fee
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§3921. Judgment fixing portion subject to seizure; payment to creditor and processing fee A. In every case in which the wage, salary, tips reported to the employer, or other income of a laborer, wage earner, artisan, mechanic, engineer, fireman, carpenter, bricklayer, secretary, …
La. Rev. Stat. § 13:3922 Hearing; evidence; prior acts
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§3922. Hearing; evidence; prior acts A judgment may be rendered by the court in which a garnishment proceeding is pending, with or without a hearing, if all competent evidence is presented to determine the amount of the person's earnings or the amount of any other assets, or both…
La. Rev. Stat. § 13:3923 One writ and one set of interrogatories sufficient; statement of sums due to be
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§3923. One writ and one set of interrogatories sufficient; statement of sums due to be furnished to garnishee; installment payments; reopening case; retention of jurisdiction; cessation of seizure by garnishment upon termination of employment A. It shall not be necessary that mor…
La. Rev. Stat. § 13:3924 Interrogatories
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§3924. Interrogatories The interrogatories to be served upon the garnishee shall include a question, or questions, the answer to which shall inform the court as to whether or not the defendant in the suit is employed by the garnishee, and, if not, where and by whom the defendant …
La. Rev. Stat. § 13:3925 Indebtedness of employee to employer
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§3925. Indebtedness of employee to employer A. If the employer answering such interrogatories should plead that the employee is indebted to the employer for other amounts due and owing, other than those specified in R.S. 13:3881, the employer shall make a full and complete disclo…
La. Rev. Stat. § 13:3926 Employee working on commission
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§3926. Employee working on commission If in response to such interrogatories the employer sets forth that the employee works on a commission basis, the employer shall make a full disclosure of the terms of employment, the amount of the commission and the method of payment of such…
La. Rev. Stat. § 13:3927 Deposit to cover fee of employer's attorney; costs; return of deposit
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§3927. Deposit to cover fee of employer's attorney; costs; return of deposit Whenever a plaintiff suing out a writ of garnishment shall apply to the court for the issuance of such writ, the plaintiff shall deposit with the clerk of court the sum of fifteen dollars, as a fee for t…
La. Rev. Stat. § 13:3928 Priority of judgment, decree, or order of support
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§3928. Priority of judgment, decree, or order of support In any criminal or civil matter, a judgment, decree, order, or sentence of court, or a sale, transfer, or assignment of earnings by which a person is obligated to pay for the current or past due support, or both, of a child…
La. Rev. Stat. § 13:3941 §§3941 to 3944 Repealed by Acts 1960, No
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§3941. §§3941 to 3944 Repealed by Acts 1960, No. 32, §2, eff. Jan. 1, 1961
La. Rev. Stat. § 13:3951 Exemption of wages earned out of state
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§3951. Exemption of wages earned out of state Wages earned out of this state and payable out of this state shall be exempt from attachment or garnishment in all cases where the cause of action arose out of this state. The garnishees in such cases shall plead such exemption unless…