Title 9, Civil Code-Ancillaries
0 chapters · 2,355 sections in this title.
La. Rev. Stat. § 9:355.8 Limitation on objection by non-parents
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§355.8. Limitation on objection by non-parents A non-parent may object to the relocation only if he has been awarded custody. A non-parent who has been awarded visitation may initiate a proceeding to obtain a revised visitation schedule. Acts 1997, No. 1173, §1; Acts 2003, No. 12…
La. Rev. Stat. § 9:355.9 Effect of objection or failure to object to notice of proposed relocation
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§355.9. Effect of objection or failure to object to notice of proposed relocation Except as otherwise provided by R.S. 9:355.4(B), the person required to give notice may relocate the principal residence of a child after providing the required notice unless a person entitled to ob…
La. Rev. Stat. § 9:3550 Insurance premium finance companies
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§3550. Insurance premium finance companies A. This Section shall apply to any person engaged in the business of financing insurance premiums for consumers entering into premium finance agreements or otherwise acquiring premium finance agreements. B. For purposes of this Section: …
La. Rev. Stat. § 9:3551 Unconscionability
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§3551. Unconscionability With respect to a consumer credit transaction, if the court as a matter of law finds the agreement or any clause of the agreement to have been unconscionable at any time it was made the court may refuse to enforce the agreement, or it may enforce the rema…
La. Rev. Stat. § 9:3552 Effect of violations on rights of parties
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§3552. Effect of violations on rights of parties A. Violations discovered as a result of written consumer complaint (1) Intentional violations or violations not caused by good faith errors. (a) If the court finds that the extender of credit has intentionally or as a result of err…
La. Rev. Stat. § 9:3553 Criminal penalties
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§3553. Criminal penalties A.(1) An extender of credit and any individual directly involved in the extension of credit who willfully makes charges in excess of those permitted by the provisions of this chapter is guilty of a misdemeanor and upon conviction may be sentenced to pay …
La. Rev. Stat. § 9:3554 Powers of commissioner
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§3554. Powers of commissioner A. In addition to other powers granted by this Chapter, the commissioner within the limitations provided by law may: (1) Receive and act on complaints, take action designed to obtain voluntary compliance with this Chapter, including entering into vol…
La. Rev. Stat. § 9:3554.1 Commissioner's powers; unlicensed persons
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§3554.1. Commissioner's powers; unlicensed persons A. For the purpose of discovering violations of this Chapter or securing information lawfully required by it hereunder, the commissioner may at any time investigate the loans and business and examine the books, accounts, records,…
La. Rev. Stat. § 9:3554.2 Reapplication after revocation of a license
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§3554.2. Reapplication after revocation of a license A. Any person whose licensure under this Chapter has been revoked for any reason may not reapply for a license under this Chapter until after at least five years from the date of the order of suspension or revocation unless the…
La. Rev. Stat. § 9:3554.3 Cost of appeal; effect of final decision
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§3554.3. Cost of appeal; effect of final decision A. Subject to the provisions of R.S. 13:4521 and 4581, all estimated costs of appeal, including those involved in preparation of the administrative record for appeal, taken by a person in connection with an adverse ruling of an ad…
La. Rev. Stat. § 9:3555 Injunctions; investigations; enforcement actions; civil penalties; costs
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§3555. Injunctions; investigations; enforcement actions; civil penalties; costs A. The commissioner may bring a suit in a court of competent jurisdiction and venue to restrain and enjoin an extender of credit or a person acting on his behalf or both from engaging in future violat…
La. Rev. Stat. § 9:3556 Method of procedure
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§3556. Method of procedure A. The commissioner may, in his discretion, conduct such investigations and hearings as he deems necessary to ascertain possible violations of this Chapter or any rule or order promulgated or issued hereunder. Such hearings may be private, if the commis…
La. Rev. Stat. § 9:3556.1 Records; rules
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§3556.1. Records; rules A. Each person regulated by this Part shall maintain records of its consumer credit sales or loans as required by the commissioner or by rule. Persons who make consumer credit sales and do not transfer or assign their agreements to a supervised financial o…
La. Rev. Stat. § 9:3556.2 Guidance by commissioner; advisory opinions
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§3556.2. Guidance by commissioner; advisory opinions A. Advisory opinions and interpretations of the office shall not be considered rules requiring compliance with the rulemaking process under the Louisiana Administrative Procedure Act. B. This Section shall only have prospective…
La. Rev. Stat. § 9:3556.3 Violations; penalties
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§3556.3. Violations; penalties A person subject to this Part who violates a provision of this Chapter may be fined up to one thousand dollars for each violation. The commissioner may maintain a civil action in a court of competent jurisdiction to recover such fines, together with…
La. Rev. Stat. § 9:3557 Authority to make consumer loans
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§3557. Authority to make consumer loans A. Unless a person has first obtained a license from the commissioner as provided under this Part, he shall not engage in the business of: (1) Making consumer loans; or (2) Making loans with the use of a lender credit card or similar arrang…
La. Rev. Stat. § 9:3558 License to make consumer loans
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§3558. License to make consumer loans A. The commissioner shall receive and act on all applications for licenses to make consumer loans under this Chapter. Applications shall be filed in the manner prescribed by the commissioner and shall contain the information the commissioner …
La. Rev. Stat. § 9:3559 Continuation of licensing
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§3559. Continuation of licensing A. All persons licensed or otherwise authorized under the provisions of the Louisiana Small Loan Act (R.S. 6:571-593), the Motor Vehicle Sales Finance Act or Direct Vehicle Loan Companies Act (R.S. 6:951-964; R.S. 6:970-976) and who have an occupa…
La. Rev. Stat. § 9:3559.1 Regulation of former licensees
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§3559.1. Regulation of former licensees A. A licensed lender whose license has been revoked, suspended, or canceled may, with the prior written consent of the commissioner, continue to collect payments on or enforce such loans without a license so long as it complies with each of…
La. Rev. Stat. § 9:356 Consideration of child support
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§356. Consideration of child support In any proceeding for child custody or visitation, either party may raise any issue relating to child support and the court may hear and determine that issue if all parties consent. The child support matters need not be specifically pleaded fo…
La. Rev. Stat. § 9:3560 Licenses not required
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§3560. Licenses not required A. Notwithstanding R.S. 9:3557, the following persons are exempt from the consumer loan licensing requirements under this Part: (1)(a) A bank, savings bank, savings and loan association, or similar financial institution organized, certified, and super…
La. Rev. Stat. § 9:3561 Single place of business; additional licenses
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§3561. Single place of business; additional licenses A. Each licensee making consumer loans to Louisiana residents shall maintain records of its consumer loans at the location stated on its license. Not more than one place of business shall be maintained under the same license, b…
La. Rev. Stat. § 9:3561.1 License; examination; renewal fees; records
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§3561.1. License; examination; renewal fees; records A. The initial application, survey, and license fee for a license to make consumer loans shall be six hundred fifty dollars payable in a form acceptable to the commissioner when the application is filed. Such application, surve…
La. Rev. Stat. § 9:3561.2 Registration of licensees with the secretary of state
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§3561.2. Registration of licensees with the secretary of state Any person required to be licensed pursuant to this Chapter shall, prior to application for licensure, be duly registered with the Louisiana secretary of state and be in possession of a certificate of authority to tra…
La. Rev. Stat. § 9:3562 Unauthorized collection practices
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§3562. Unauthorized collection practices Except as otherwise provided by law or this section, the creditor, including, but not limited to the creditor in a consumer credit transaction, shall not contact any person other than an extender of credit or credit reporting agency who is…
La. Rev. Stat. § 9:3563 Applicability
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§3563. Applicability This Part applies to a person engaged in this state in making consumer credit sales or consumer loans and to a person who takes assignments of and undertakes direct collection of payments from or enforcement of rights against debtors arising from these sales …
La. Rev. Stat. § 9:3563.1 Financial institutions exempt
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§3563.1. Financial institutions exempt Notwithstanding the provisions of R.S. 9:3563, banks, savings and loan associations, savings banks, credit unions, and any nonpublic elementary and secondary schools that finance their tuition, shall be exempt from the notification filing re…
La. Rev. Stat. § 9:3564 Notification
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§3564. Notification A. Persons subject to this Part shall file notification with the commissioner within thirty days after commencing business in this state, and thereafter, on or before April first of each year. The notification shall state: (1) The name of the person. (2) The n…
La. Rev. Stat. § 9:3565 Notification fee
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§3565. Notification fee A. Each entity required to file notification with the commissioner shall remit with that notification a fee as set forth in Subsection B of this Section. B.(1) The notification fee for each entity engaged in making consumer credit sales shall be as follows…
La. Rev. Stat. § 9:3566 Repealed by Acts 1997, No
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§3566. Repealed by Acts 1997, No. 48, §1.
La. Rev. Stat. § 9:3567 Repealed by Acts 1997, No
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§3567. Repealed by Acts 1997, No. 63, §3.
La. Rev. Stat. § 9:3568 Identity theft
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§3568. Identity theft A. Police reports. Notwithstanding the fact that jurisdiction may lie elsewhere for investigation and prosecution of a crime of identity theft, victims of identity theft may file police reports about the identity theft with the Louisiana Department of Justic…
La. Rev. Stat. § 9:357 Use of technology
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§357. Use of technology The court shall consider ordering persons awarded custody or visitation to use technology, including video calling, telephone, text messaging, Internet communications, or other forms of technology, to facilitate communication with the child when it is in t…
La. Rev. Stat. § 9:3571 Dissemination of specific credit information; subpoena of records; requirements; penalties
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§3571. Dissemination of specific credit information; subpoena of records; requirements; penalties A savings bank, a savings and loan association, a company issuing credit cards, or a business offering credit shall disclose financial records of its customers only pursuant to R.S. …
La. Rev. Stat. § 9:3571.1 Credit reporting agency information and reports; consumer access to files; right of
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§3571.1. Credit reporting agency information and reports; consumer access to files; right of correction; dissemination or maintenance of untrue or misleading credit information by credit reporting agency; investigation; right to recovery A.(1) Each credit reporting agency shall, …
La. Rev. Stat. § 9:3571.2 Limitations on use of consumer's credit report
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§3571.2. Limitations on use of consumer's credit report A. No motor vehicle dealer shall request, obtain, or review a consumer's credit report in connection with the following activities unless, prior to the activity, the dealer has received an application from the consumer to le…
La. Rev. Stat. § 9:3571.3 Security freezes for protected persons
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§3571.3. Security freezes for protected persons A. In this Section, the following words have the meanings indicated: (1) "Credit report" has the same meaning as in R.S. 9:3571.1(H)(2). (2) "Credit reporting agency" has the same meaning as in R.S. 9:3571.1(H)(3). (3) "Protected pe…
La. Rev. Stat. § 9:3572.1 Loan broker defined
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§3572.1. Loan broker defined A "loan broker" is defined as any person who, for compensation or the expectation of compensation, obtains or offers to obtain a consumer loan from a third party either for another person domiciled in Louisiana, or for another person wherever domicile…
La. Rev. Stat. § 9:3572.10 Right of cancellation
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§3572.10. Right of cancellation An applicant for a consumer or federally related mortgage loan shall have the right to cancel a "Loan Brokerage Agreement and Disclosure Statement" required by R.S. 9:3572.11 within five business days of signing such agreement. The applicant may ex…
La. Rev. Stat. § 9:3572.11 Loan brokerage statement; disclosure statement required
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§3572.11. Loan brokerage statement; disclosure statement required A.(1) Each application for a consumer or federally related mortgage loan in which a loan broker is involved shall be accompanied by a written "Loan Brokerage Agreement and Disclosure Statement" which shall be signe…
La. Rev. Stat. § 9:3572.12 Violations; penalties
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§3572.12. Violations; penalties A. A loan made in violation of this Part shall not be invalid solely for that reason. B. A person who violates a provision of this Part may be assessed a civil penalty of not more than one thousand dollars for each violation. The commissioner may m…
La. Rev. Stat. § 9:3572.2 Exemptions; licensing and bonding; loan broker
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§3572.2. Exemptions; licensing and bonding; loan broker A. The following shall be excepted from the licensing and bonding provisions of this Part: (1) A supervised financial organization that is exempt from the requirement of licensure as a licensed lender. (2) A lender licensed …
La. Rev. Stat. § 9:3572.3 Licensure required
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§3572.3. Licensure required A.(1) Unless a person has first been licensed by the commissioner as provided in this Part, he shall not engage in the business of loan brokering, and shall not advertise or solicit, whether in print, by letter, in person, or otherwise in Louisiana, th…
La. Rev. Stat. § 9:3572.4 Corporation
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§3572.4. Corporation A corporation that is a loan broker shall be licensed and shall act as a loan broker only through natural persons who are licensed loan brokers. Acts 1986, No. 729, §1; Acts 1997, No. 1419, §1.
La. Rev. Stat. § 9:3572.5 Application form
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§3572.5. Application form A. The commissioner of financial institutions shall provide an application form that requires at least the following information which shall be given by the applicant: (1) For a natural person: (a) Full name. (b) Date of birth. (c) Place of birth. (d) Bu…
La. Rev. Stat. § 9:3572.6 Restrictions; records
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§3572.6. Restrictions; records A. A loan broker shall broker a consumer loan or federally related mortgage loan only to a lender licensed by the office of financial institutions, or to a supervised financial organization or a lender that is exempt from licensure. B.(1) Each loan …
La. Rev. Stat. § 9:3572.7 Examination; rules
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§3572.7. Examination; rules A. The commissioner of financial institutions, through his employees, may examine the records of a loan broker at any time during normal business hours without prior notice. B. The commissioner may issue rules and regulations to implement this Part and…
La. Rev. Stat. § 9:3572.8 Bond or trust account required
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§3572.8. Bond or trust account required A. Every loan broker, except those loan brokers employed by a corporation with a valid loan broker's license, must obtain a surety bond issued by a surety company authorized to do business in Louisiana, or establish a trust account with a f…
La. Rev. Stat. § 9:3572.9 Rebate upon prepayment
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§3572.9. Rebate upon prepayment Whenever a lender that funded a brokered consumer loan or federally related mortgage loan is required to rebate unearned loan finance charges or credit service charges to the consumer due to prepayment or the acceleration of maturity, the loan brok…
La. Rev. Stat. § 9:3573.1 Short title; purpose
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§3573.1. Short title; purpose A. This Part shall be known and may be cited as the "Credit Repair Services Organizations Act". B. The Legislature of Louisiana recognizes the right of the citizens of the state to utilize the services of qualified credit repair organizations for adv…