Title 9, Civil Code-Ancillaries
0 chapters · 2,355 sections in this title.
La. Rev. Stat. § 9:4681 Carpets and rugs, cleaning and storage
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§4681. Carpets and rugs, cleaning and storage Any person conducting the business of cleaning carpets and rugs and storing them at his place of business after cleaning until delivery to the owner, has a privilege upon the carpets and rugs for all lawful charges for services render…
La. Rev. Stat. § 9:4682 Loss of privilege
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§4682. Loss of privilege The privilege holder loses the privilege by surrendering possession of the goods, or by refusing to deliver them when demand is made with which he is bound to comply under the provisions of R.S. 9:4686. However, he may refuse to deliver the goods until th…
La. Rev. Stat. § 9:4683 Other remedies
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§4683. Other remedies Whether or not the person has a privilege upon the goods, he is entitled to all remedies allowed by law for the collection from the depositor of all charges and advances which the depositor has expressly or impliedly contracted with him to pay.
La. Rev. Stat. § 9:4684 Satisfaction of privilege; procedure; sale
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§4684. Satisfaction of privilege; procedure; sale Whenever any carpets or rugs are left for cleaning and storage until delivery, with any person engaged in the business of cleaning carpets and rugs, and the charges which have accrued thereon are due and unpaid for a period of six…
La. Rev. Stat. § 9:4685 Proceeds, disposition of
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§4685. Proceeds, disposition of From the proceeds of the sale, the amount of the privilege shall be satisfied, including all reasonable charges of notice, advertisement, and sale. The balance if any, shall be credited on the books of the seller to the person who deposited the goo…
La. Rev. Stat. § 9:4686 Claimant may pay charges and acquire possession
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§4686. Claimant may pay charges and acquire possession Any time before the goods are sold, any person claiming the right of property or possession therein may pay the amount necessary to satisfy the privilege, including reasonable expenses incurred in serving notice, advertising,…
La. Rev. Stat. § 9:4687 Clothing or household goods; procedures for sale
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§4687. Clothing or household goods; procedures for sale A. As used in this Section, the term "person" means a natural person, partnership, corporation or other legal entity. B. Any garment, clothing, wearing apparel or household goods which have been repaired, altered, dyed, clea…
La. Rev. Stat. § 9:4688 Proceeds, disposition of
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§4688. Proceeds, disposition of The proceeds of the sale in excess of the charges and necessary expenses of the procedure required by this Section, shall be held by the person for a period of six months, and if not reclaimed by the owner thereof within that time shall escheat to …
La. Rev. Stat. § 9:4689 Clothing or household goods; disposition of other than by sale
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§4689. Clothing or household goods; disposition of other than by sale Any unclaimed garments, clothing, wearing apparel or household goods which the person holding them feels could not be sold for an amount sufficient to pay the charges and expenses involved in the procedure for …
La. Rev. Stat. § 9:4701 Private sale of unclaimed goods of less than $10
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§4701. Private sale of unclaimed goods of less than $10 Whenever any goods, jewelry, gems, precious stones, watches, or any other article or articles usually handled, sold, or made by jewelers, jewelry manufacturers, watchmakers, and dealers are deposited with any person so engag…
La. Rev. Stat. § 9:4702 Notice to owner
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§4702. Notice to owner The person with whom the goods are deposited shall first notify the apparent owner by registered mail at his last known address that the unclaimed goods are to be placed on sale. The notice shall be given at least thirty days prior to the sale and shall set…
La. Rev. Stat. § 9:4703 Proceeds, disposition of
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§4703. Proceeds, disposition of All money derived from such sales shall be placed in separate accounts and the seller shall only deduct the amount due him for his services, labor, and materials used in repairing, cleaning, inspecting, and appraising the particular article or good…
La. Rev. Stat. § 9:4721 Sugar refinery and mill employees
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§4721. Sugar refinery and mill employees All managers, mechanics, or laborers employed in sugar refineries, sugar mills, or syrup mills have a privilege on all sugar, syrup, or molasses manufactured during the season by the refineries or mills where they are employed for the paym…
La. Rev. Stat. § 9:4741 Canal toll fees
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§4741. Canal toll fees The owners of private canals within the state have a privilege on all vessels for the payment of the toll or canal fees. This privilege is of equal rank with those granted by Civil Code Article 3237. This privilege exists for six months from the date the to…
La. Rev. Stat. § 9:4751 Definitions
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§4751. Definitions As used in this Part: (1) "Ambulance service" means any person who through the use of one or more ambulances and certified emergency medical technicians as defined in R.S. 40:1131, provides transportation of sick or injured persons as a part of a regular course…
La. Rev. Stat. § 9:4752 Privilege on net proceeds collected from third party in favor of medical providers for services and supplies furnished injured persons
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§4752. Privilege on net proceeds collected from third party in favor of medical providers for services and supplies furnished injured persons A health care provider, hospital, or ambulance service that furnishes services or supplies to any injured person shall have a privilege fo…
La. Rev. Stat. § 9:4753 Written notice
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§4753. Written notice A. The privilege created by R.S. 9:4752 shall become effective if, prior to the payment of insurance proceeds, or to the payment of any judgment, settlement, or compromise on account of injuries, a written notice containing the name and address of the injure…
La. Rev. Stat. § 9:4754 Failure to pay over monies after notice
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§4754. Failure to pay over monies after notice Any person who, having received notice in accordance with the provisions hereof, pays over any monies subject to the privilege created herein, to any injured person, or to the attorney, heirs, or legal representatives of any injured …
La. Rev. Stat. § 9:4755 Itemized statements
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§4755. Itemized statements A. Upon receipt of a written request, mailed by certified mail, return receipt requested, from any person who has been given notice, the licensed health care provider, hospital, or ambulance service having the privilege shall, within thirty days after r…
La. Rev. Stat. § 9:4756 Short title
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§4756. Short title This Act shall be known as the "Self-Service Storage Facility Act." Added by Acts 1981, No. 506, §1.
La. Rev. Stat. § 9:4757 Definitions
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§4757. Definitions As used in this Part, unless the context clearly requires otherwise: (1) "Default" means the failure by the lessee to perform, on time, any obligation or duty set forth in the rental agreement or pursuant to this Part. (2) "Electronic mail" means an electronic …
La. Rev. Stat. § 9:4758 Privilege
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§4758. Privilege The owner of a self-service storage facility, his heirs, executors, administrators, successors, and assigns has a privilege upon all movable property stored at a self-service storage facility for the debt due him for rent, and for all reasonable charges and expen…
La. Rev. Stat. § 9:4758.1 Notice of privilege
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§4758.1. Notice of privilege A. A lessee shall be notified of the privilege created by this Part before enforcement of the privilege by an owner. Notification of the privilege created by this Part shall be satisfied by either of the following: (1) A written rental agreement signe…
La. Rev. Stat. § 9:4759 Options of owner upon lessee's default
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§4759. Options of owner upon lessee's default In the event of default by the lessee, the owner of a self-service storage facility has the option to enforce judicially all of his rights under the rental agreement, including, if the agreement so provides, his right to accelerate al…
La. Rev. Stat. § 9:4759.1 Termination of rental agreement
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§4759.1. Termination of rental agreement A. An owner may terminate a rental agreement in accordance with the provisions of the rental agreement or as authorized by law by delivering to the lessee a written notice of termination. The notice shall include all of the following infor…
La. Rev. Stat. § 9:4759.2 Nonrenewal of rental agreement; abandonment
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§4759.2. Nonrenewal of rental agreement; abandonment A. If the owner provides written notice to the lessee that the rental agreement shall not be renewed upon expiration of its term, the lessee shall remove all personal property from the self-service storage facility on or before…
La. Rev. Stat. § 9:4760 Supplemental nature of act
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§4760. Supplemental nature of act Nothing in this Part shall be construed as in any manner impairing or affecting the right of parties to create additional privileges by special contract or agreement, nor shall it in any manner affect or impair other privileges created by any oth…
La. Rev. Stat. § 9:4770 Conflicts with Chapter 9 of the Uniform Commercial Code
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§4770. Conflicts with Chapter 9 of the Uniform Commercial Code A. This Code Title (Code Title XXI of Code Book III, R.S. 9:4501 et seq.), Part 8 of Chapter 7 of the Louisiana Mineral Code (R.S. 31:146 through 148), and Title XXI of Book III of the Louisiana Civil Code (Arts. 3182…
La. Rev. Stat. § 9:4780 Short title
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§4780. Short title This Act shall be known as the "Marina and Boatyard Storage Act". Acts 2003, No. 840, §1, eff. July 1, 2003.
La. Rev. Stat. § 9:4781 Definitions
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§4781. Definitions For the purposes of this Part, the following terms shall have the following meanings unless the context clearly requires otherwise: (1) "Default" means the failure to pay obligations incurred by the storage of a boat, boat motor, boat trailer, or any other acce…
La. Rev. Stat. § 9:4782 Privilege
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§4782. Privilege A. Privilege created. A marina owner has a privilege on property stored at that marina for rent, labor, or other charges and for expenses reasonably incurred in the sale of that property under the provisions of this Part. B. Exclusion. This Part does not create a…
La. Rev. Stat. § 9:4783 Notice of privilege
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§4783. Notice of privilege A. A property owner must be notified of the privilege created by this Part before enforcement of the privilege by a marina owner. Notification of the privilege created by this Part is satisfied by: (1) Written storage agreement. A written rental agreeme…
La. Rev. Stat. § 9:4784 Enforcement of privilege
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§4784. Enforcement of privilege A. A marina owner may enforce a privilege created by this Part only if the property owner has been notified of the privilege as required by R.S. 9:4783. (1) Sale; use of proceeds. If a property owner is in default for a period of more than one hund…
La. Rev. Stat. § 9:4785 Cessation of enforcement actions
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§4785. Cessation of enforcement actions A marina owner shall cease enforcement actions immediately if: (1) Payment by owner. The property owner pays the marina owner the full amount necessary to satisfy the privilege. At any time before the conclusion of a sale conducted under th…
La. Rev. Stat. § 9:4790 Child support arrearages; privilege on motor vehicles
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§4790. Child support arrearages; privilege on motor vehicles An obligee who has a judgment ordering the payment of past due child support may file the judgment with the office of motor vehicles in accordance with R.S. 32:708.1 and subject to the provisions of R.S. 13:3881. The ju…
La. Rev. Stat. § 9:4791 Short title
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§4791. Short title This Part shall be known as the "Towed and Stored Vessel Act". Acts 2012, No. 752, §1.
La. Rev. Stat. § 9:4792 Definitions
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§4792. Definitions For the purposes of this Part, the following terms shall have the following meanings: (1) "Department" means the Department of Wildlife and Fisheries. (2) "Licensed storage facility" means a lot, yard, or other storage, parking, or repair facility licensed by t…
La. Rev. Stat. § 9:4793 Privilege
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§4793. Privilege A licensed storage facility has a privilege on a vessel, including any inboard or outboard motor attached to the vessel, towed and stored at that facility for the towing charges and storage fees. However, this Part shall not create a privilege on a documented ves…
La. Rev. Stat. § 9:4794 Vessel owner information
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§4794. Vessel owner information The licensed storage facility shall provide the department or its authorized agent, within three business days of the vessel being towed and stored, the vessel's registration numbers, hull identification number (HIN), motor serial number, and any o…
La. Rev. Stat. § 9:4795 Notice of privilege and default
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§4795. Notice of privilege and default A. The towed vessel owner and any lienholders shall be notified of the privilege created by this Part before enforcement of the privilege by the licensed storage facility. Notification of the privilege created by this Part shall be satisfied…
La. Rev. Stat. § 9:4796 Advertisement: enforcement of privilege
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§4796. Advertisement: enforcement of privilege After the expiration of the thirty-day period set forth in R.S. 9:4795(B)(4), the licensed storage facility shall publish an advertisement of the sale once a week for two consecutive weeks in the official newspaper of the parish wher…
La. Rev. Stat. § 9:4797 Sale and purchasers
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§4797. Sale and purchasers A. A sale under this Part shall be held at the location of the licensed storage facility or at the nearest suitable location. B. The vessel shall be sold to the highest bidder and shall require a notarized bill of sale signed by the buyer and a represen…
La. Rev. Stat. § 9:4798 Regulations
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§4798. Regulations The department may promulgate rules and regulations to implement the provisions of this Part. Acts 2012, No. 752, §1.
La. Rev. Stat. § 9:4801 Improvement of immovable by owner; privileges securing the improvement
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§4801. Improvement of immovable by owner; privileges securing the improvement The following persons have a privilege on an immovable to secure the following obligations of the owner arising out of a work on the immovable: (1) Contractors, for the price of their work. (2) Laborers…
La. Rev. Stat. § 9:4802 Improvement of immovable by contractor; claims against the owner and contractor;
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§4802. Improvement of immovable by contractor; claims against the owner and contractor; privileges securing the improvement A. The following persons have a claim against the owner and a claim against the contractor to secure payment of the following obligations arising out of the…
La. Rev. Stat. § 9:4803 Amounts secured by claims and privileges
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§4803. Amounts secured by claims and privileges A. The privileges granted by R.S. 9:4801 and the claims granted by R.S. 9:4802 secure payment of: (1) The principal amounts of the obligations described in R.S. 9:4801 and 4802(A), interest due thereon, and fees paid for filing the …
La. Rev. Stat. § 9:4804 Notices required of certain claimants
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§4804. Notices required of certain claimants A. To be entitled to a claim arising under R.S. 9:4801(5) or a claim under R.S. 9:4802(A)(5) and the privilege securing the claim, professional consultants and their professional subconsultants shall deliver written notice to the owner…
La. Rev. Stat. § 9:4806 Owner defined; interest affected
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§4806. Owner defined; interest affected A. An owner, co-owner, naked owner, usufructuary, other holder of a servitude, possessor, lessee, or other person having the right to use or enjoy an immovable or having an interest therein shall be deemed to be an owner under this Part. B.…
La. Rev. Stat. § 9:4807 Contractor, general contractor, subcontractor defined
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§4807. Contractor, general contractor, subcontractor defined A. A contractor is one who contracts with an owner to perform all or a part of a work. B. A general contractor is a contractor who either: (1) Contracts to perform all or substantially all of a work. (2) Is deemed to be…
La. Rev. Stat. § 9:4808 Work defined
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§4808. Work defined A. A work is a single continuous project for the improvement, construction, erection, reconstruction, modification, repair, demolition, or other physical change of an immovable located in this state or its component parts. B. If written notice of a contract is…