Title 9, Civil Code-Ancillaries
0 chapters · 2,355 sections in this title.
La. Rev. Stat. § 9:3522 Maximum charges after maturity
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§3522. Maximum charges after maturity In the case of a precomputed consumer credit transaction which is unpaid at contractual maturity, the rate of the loan finance charge or the credit service charge for the period beginning as of contractual maturity until payment in full may n…
La. Rev. Stat. § 9:3523 Credit service charge for revolving charge accounts
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§3523. Credit service charge for revolving charge accounts On a revolving charge account, the extender of credit, issuer of a seller credit card honored by the extender of credit, or their assignee, may charge and collect a credit service charge in each billing period at a rate (…
La. Rev. Stat. § 9:3524 Loan finance charge on lender credit card accounts
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§3524. Loan finance charge on lender credit card accounts A.(1) On a revolving loan account made with a lender credit card, an extender of credit or an assignee or a transferee thereof may receive or contract to receive and collect a loan finance charge in an amount not in excess…
La. Rev. Stat. § 9:3525 Leap years
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§3525. Leap years The effects of a leap year may be disregarded for purposes of determining whether the annualized loan finance charge rate or credit service rate under a consumer credit transaction exceeds the maximum rate limitations provided in this Part. Acts 1986, No. 584, §…
La. Rev. Stat. § 9:3526 Variable rates
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§3526. Variable rates A. Licensed lenders and supervised financial organizations may enter into variable rate consumer credit transactions under this Chapter in the manner provided under R.S. 6:242(A)(2) and regulations issued by the commissioner. B. Licensed lenders and supervis…
La. Rev. Stat. § 9:3527 Maximum delinquency charges; notice of conversion
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§3527. Maximum delinquency charges; notice of conversion A. The parties to a consumer credit transaction may contract for the payment of a delinquency charge on any installment or other regular payment not paid in full within ten days after its scheduled or deferred due date in e…
La. Rev. Stat. § 9:3528 Maximum deferral charges
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§3528. Maximum deferral charges A.(1) With respect to a precomputed consumer credit transaction payable in more than one installment, the parties before or after default may agree in writing to a deferral of all or part of one or more unpaid installments, and the extender of cred…
La. Rev. Stat. § 9:3529 Installment of consumer credit transaction returned; additional charge to account
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§3529. Installment of consumer credit transaction returned; additional charge to account The parties in a consumer credit transaction may contract for an additional charge to be assessed against the consumer's account if the consumer tenders a check or makes an electronic debit i…
La. Rev. Stat. § 9:3530 Fees; origination; notary, documentation; over-the-credit-limit fee
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§3530. Fees; origination; notary, documentation; over-the-credit-limit fee A.(1) A lender may charge an origination fee that does not exceed seventy-five dollars on a consumer loan or revolving loan account. (2) The origination fee may be charged only once in connection with a si…
La. Rev. Stat. § 9:3531 Right to prepay
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§3531. Right to prepay A. Notwithstanding any contrary provision of a consumer credit transaction, the consumer may prepay in full the unpaid balance at any time. An extender of credit may within its discretion accept the amount tendered by the consumer to be a prepayment in full…
La. Rev. Stat. § 9:3532 Rebate upon prepayment
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§3532. Rebate upon prepayment A. Upon prepayment in full of a precomputed consumer credit transaction, the extender of credit shall refund unearned loan finance charges or credit service charges and such refund shall represent at least as great a proportion of the loan finance ch…
La. Rev. Stat. § 9:3532.1 Prepayment penalties in connection with simple interest real estate secured loans
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§3532.1. Prepayment penalties in connection with simple interest real estate secured loans A. As a condition of the consumer's being permitted to prepay a consumer loan secured by a mortgage on immovable property in full prior to the loan's maturity, an extender of credit may con…
La. Rev. Stat. § 9:3533 Rebate after acceleration of maturity
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§3533. Rebate after acceleration of maturity Except as provided in R.S. 9:3527, if the maturity of a consumer credit transaction is accelerated for any reason and suit is filed, the obligation shall be credited with the same rebate required under R.S. 9:3532(A) or (B), as applica…
La. Rev. Stat. § 9:3534 Fees; attorney, collection agency
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§3534. Fees; attorney, collection agency A. Any consumer credit transaction agreement may provide for the payment by the consumer of attorney's fees not in excess of twenty-five per cent of the unpaid debt after default and referral to an attorney for collection. B. An extender o…
La. Rev. Stat. § 9:3534.1 Collection agent; registration; assignment of debt to collector
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§3534.1. Collection agent; registration; assignment of debt to collector A. For purposes of this Section, "collection agency" and "debt collector" are synonymous and interchangeable terms and mean any person, other than a licensed Louisiana attorney, who uses any instrumentality …
La. Rev. Stat. § 9:3535 Use of multiple agreements
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§3535. Use of multiple agreements An extender of credit shall not divide a consumer credit transaction into multiple agreements for the purpose of obtaining a higher credit service charge, loan finance charge, or any other additional fee or charge permitted by this Chapter. Added…
La. Rev. Stat. § 9:3536 Referral sales
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§3536. Referral sales With respect to a consumer credit transaction, the extender of credit may not give or offer to give a rebate or discount or otherwise pay or offer to pay value to the consumer as an inducement for a sale in consideration of his giving to the extender of cred…
La. Rev. Stat. § 9:3537 Repealed by Acts 1980, No
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§3537. Repealed by Acts 1980, No. 694, §2.
La. Rev. Stat. § 9:3538 Consumer's right to cancel
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§3538. Consumer's right to cancel A. Except as provided in subsection (E) of this section, in addition to any right otherwise to revoke an offer, the consumer has the right to cancel a home solicitation sale until midnight of the third business day after the day on which the cons…
La. Rev. Stat. § 9:3539 Form of agreement or offer; statement of consumer's right; compliance
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§3539. Form of agreement or offer; statement of consumer's right; compliance A. In a home solicitation sale, unless the consumer requests the seller to provide goods or services without delay in an emergency, the seller must present to the consumer and obtain his signature to a w…
La. Rev. Stat. § 9:3540 Restoration of down payment; retention of cancellation fee
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§3540. Restoration of down payment; retention of cancellation fee A. Except as provided in this section, within ten days after a home solicitation sale has been cancelled or an offer to purchase revoked the seller must tender to the consumer any payments made by the consumer and …
La. Rev. Stat. § 9:3541 Duty of consumer; no compensation for services prior to cancellation
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§3541. Duty of consumer; no compensation for services prior to cancellation A. Except as provided by the provisions on retention of goods by the consumer (R.S. 9:3540(D)), within a reasonable time after a home solicitation sale has been cancelled or an offer to purchase revoked, …
La. Rev. Stat. § 9:3541.1 Consumer's right to cancel mail and check solicitation sales
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§3541.1. Consumer's right to cancel mail and check solicitation sales A.(1) In addition to any right otherwise to revoke an offer, a consumer shall have the right to cancel a mail and check solicitation sale, except when the sale is made to and accepted by a customer who has an e…
La. Rev. Stat. § 9:3541.21 Definitions
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§3541.21. Definitions In this Part, the following words and terms have these meanings: (1) "Consumer" means a natural person who purchases goods, services, or movable or immovable property or rights therein, for a personal, family, household, or agricultural purpose and includes …
La. Rev. Stat. § 9:3541.22 Prohibited practices
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§3541.22. Prohibited practices A. The home solicitation of any consumer where a loan is made encumbering the primary residence of that consumer for the purposes of paying for home improvements and where the transaction is part of a pattern or practice in violation of either Subse…
La. Rev. Stat. § 9:3542 Requirement of insurance
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§3542. Requirement of insurance A. In any consumer credit transaction made under the authority of this Chapter, other than insurance premium financing, an extender of credit may request or require a consumer to provide credit life insurance, credit dismemberment insurance, and cr…
La. Rev. Stat. § 9:3543 Property insurance
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§3543. Property insurance A. An extender of credit may, in addition, request or require a consumer to insure property, all or part of which is involved in a contract or agreement, made under the authority of this Chapter, and include the cost of the insurance as a separate charge…
La. Rev. Stat. § 9:3544 Existing insurance
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§3544. Existing insurance When consumer credit insurance is required in connection with such a contract or agreement made under this chapter, the extender of credit shall furnish the consumer a statement which shall clearly and conspicuously state that consumer credit insurance i…
La. Rev. Stat. § 9:3545 Limitations on insurance rates; contract requirements
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§3545. Limitations on insurance rates; contract requirements Any insurance provided, sold, or obtained through an extender of credit shall be written at lawful rates and in accordance with the provisions of the Louisiana Insurance Code by a company authorized to do business in th…
La. Rev. Stat. § 9:3546 Choice of insurer
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§3546. Choice of insurer The consumer shall have the privilege at the time of execution of the contract or agreement of purchasing any required or requested insurance from an agent or broker of his own selection and of selecting an insurance company acceptable to the extender of …
La. Rev. Stat. § 9:3547 Conditions applying to insurance provided by the extender of credit
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§3547. Conditions applying to insurance provided by the extender of credit If a creditor agrees with a debtor to obtain or provide insurance (1) the insurance shall be evidenced by an individual policy or certificate of insurance delivered to the debtor, or sent to him at his add…
La. Rev. Stat. § 9:3548 Cancellation of insurance; refund or credit upon cancellation
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§3548. Cancellation of insurance; refund or credit upon cancellation A. When a consumer credit transaction is paid in full for any reason, the insurance paid by the debtor and provided, sold, or obtained through the extender of credit in connection therewith shall be cancelled; h…
La. Rev. Stat. § 9:3549 Gain from insurance
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§3549. Gain from insurance Any gain, or advantage to the extender of credit, or any employee, officer, director, agent, general agent, affiliate or associate from such insurance or its provisions or sale shall not be considered as a further charge nor a further credit service cha…
La. Rev. Stat. § 9:355.1 Definitions
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§355.1. Definitions As used in this Subpart: (1) "Principal residence of a child" means: (a) The location designated by a court to be the primary residence of the child. (b) In the absence of a court order, the location at which the parties have expressly agreed that the child wi…
La. Rev. Stat. § 9:355.10 Burden of proof
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§355.10. Burden of proof The person proposing relocation has the burden of proof that the proposed relocation is made in good faith and is in the best interest of the child. Acts 1997, No. 1173, §1; Acts 2003, No. 1209, §1; Acts 2012, No. 627, §1.
La. Rev. Stat. § 9:355.11 Court authorization to relocate
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§355.11. Court authorization to relocate If timely objection to a proposed relocation is made by a person entitled to object, the person proposing relocation shall not, absent express written consent of the objecting person, relocate the child pending resolution of the dispute by…
La. Rev. Stat. § 9:355.12 Temporary order
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§355.12. Temporary order A. The court may grant a temporary order allowing relocation. B. The court, upon the request of the moving party, may hold an expedited preliminary hearing on the proposed relocation but shall not grant authorization to relocate the child on an ex parte b…
La. Rev. Stat. § 9:355.13 Priority for trial
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§355.13. Priority for trial A trial on the proposed relocation shall be assigned within sixty days after the filing of the motion to obtain court approval to relocate. Acts 1997, No. 1173, §1; Acts 2003, No. 676, §1; Acts 2012, No. 627, §1.
La. Rev. Stat. § 9:355.14 Factors to determine contested relocation
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§355.14. Factors to determine contested relocation A. In reaching its decision regarding a proposed relocation, the court shall consider all relevant factors in determining whether relocation is in the best interest of the child, including the following: (1) The nature, quality, …
La. Rev. Stat. § 9:355.15 Mental health expert; appointment
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§355.15. Mental health expert; appointment The court, on motion of either party or on its own motion, may appoint an independent, licensed mental health professional as an expert to render a report to assist the court in determining the best interest of the child. Acts 1997, No. …
La. Rev. Stat. § 9:355.16 Application of factors at initial hearing
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§355.16. Application of factors at initial hearing If the issue of relocation is presented at the initial hearing to determine custody of and visitation with a child, the court shall consider also the factors set forth in R.S. 9:355.14 in making its initial determination. Acts 19…
La. Rev. Stat. § 9:355.17 Modification of custody
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§355.17. Modification of custody Providing notice of a proposed relocation does not constitute a change of circumstance warranting a change of custody. Relocating without prior notice if there is a court order awarding custody or relocating in violation of a court order may const…
La. Rev. Stat. § 9:355.18 Posting security
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§355.18. Posting security If relocation of a child is permitted, the court may require the person relocating the child to provide reasonable security guaranteeing that the court-ordered physical custody or visitation with the child will not be interrupted or interfered with by th…
La. Rev. Stat. § 9:355.19 Sanctions for unwarranted or frivolous proposal to relocate child or objection to relocation
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§355.19. Sanctions for unwarranted or frivolous proposal to relocate child or objection to relocation A. After notice and a reasonable opportunity to respond, the court may impose a sanction on a person proposing or objecting to a proposed relocation of a child if it determines t…
La. Rev. Stat. § 9:355.2 Applicability
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§355.2. Applicability A. This Subpart applies to a proposed relocation when any of the following exist: (1) There is intent to establish the principal residence of a child at any location outside this state. (2) There is no court order awarding custody and there is an intent to e…
La. Rev. Stat. § 9:355.3 Persons authorized to propose relocation of principal residence of a child
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§355.3. Persons authorized to propose relocation of principal residence of a child The following persons are authorized to propose relocation of the principal residence of a child by complying with the notice requirements of this Subpart: (1) A person designated in a current cour…
La. Rev. Stat. § 9:355.4 Notice of proposed relocation of child; court authorization to relocate
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§355.4. Notice of proposed relocation of child; court authorization to relocate A. A person proposing relocation of a child's principal residence shall notify any person recognized as a parent and any other person awarded custody or visitation under a court decree as required by …
La. Rev. Stat. § 9:355.5 Mailing notice of proposed relocation address
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§355.5. Mailing notice of proposed relocation address A. Notice of a proposed relocation of the principal residence of a child shall be given by registered or certified mail, return receipt requested, or delivered by commercial courier as defined in R.S. 13:3204(D), to the last k…
La. Rev. Stat. § 9:355.6 Failure to give notice of relocation
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§355.6. Failure to give notice of relocation The court may consider a failure to provide notice of a proposed relocation of a child as: (1) A factor in making its determination regarding the relocation of a child. (2) A basis for ordering the return of the child if the relocation…
La. Rev. Stat. § 9:355.7 Objection to relocation of child
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§355.7. Objection to relocation of child Except for a person with equal physical custody of a child under a court decree, a person who is entitled to object to a proposed relocation of the principal residence of a child shall make any objection within thirty days after receipt of…