home4 – nic

Code of Civil Procedure

Book IV. Execution of Judgments

Title I. General Dispositions

Art. 2251. Execution only in trial court;  appellate court judgment

A judgment can be executed only by a trial court.

A party seeking to execute a judgment of an appellate court must first file a certified copy with the clerk of the trial court.  This filing may be made without prior notice to the adverse party.

Art. 2252. Delay before proceeding with execution

A judgment creditor may proceed with the execution of a judgment only after the delay for a suspensive appeal therefrom has elapsed; however, recordation of a judgment in the mortgage records prior to the lapsing of the delay for a suspensive appeal does not begin proceedings for the execution of the judgment.

Acts 1985, No. 523, §1, eff. July 12, 1985.

Art. 2253. Writ from clerk to sheriff

At the request of a judgment creditor, the clerk shall issue a writ bearing his signature, the seal of the court, and the date, and directing the sheriff of the parish where the judgment is to be executed to enforce it in the manner set forth in the writ.  Concurrent writs may be directed to sheriffs of several parishes.

Art. 2254. Execution by sheriff;  return;  wrongful seizure

A.  The sheriff shall proceed promptly to execute the writ and make a return to the clerk who issued it, stating the manner in which it was executed.

B.  Since secured collateral subject to a security interest under Chapter 9 of the Louisiana Commercial Laws (R.S. 10:9-101, et seq.) need only be reasonably described in the debtor's security agreement (R.S. 10:9-110), the sheriff shall have no liability to the debtor or to any third party for wrongful or improper seizure of the debtor's or third party's property of the same general type as described in the debtor's security agreement.  If necessary, the sheriff shall request the secured creditor to identify the property subject to the security agreement and shall act pursuant to the secured creditor's instructions.  The debtor's and other owner's sole remedy for the wrongful or improper seizure of the property shall be for actual losses sustained under R.S. 10:9-507(1) against the secured creditor on whose behalf and pursuant to whose instructions the sheriff may act.

Acts 1989, No. 137, §18, eff. Sept.  1, 1989.

Title II. Money Judgments

Chapter 1. Writ of Fieri Facias

Art. 2291. Money judgment;  fieri facias

A judgment for the payment of money may be executed by a writ of fieri facias directing the seizure and sale of property of the judgment debtor.

Art. 2292. Privilege of creditor on seized property;  successive seizures

A.  To the extent not otherwise governed under Chapter 9 of the Louisiana Commercial Laws (R.S. 10:9-101, et seq.), a seizing creditor, by the mere act of seizure, acquires a privilege on the property seized, which entitles him to a preference over ordinary creditors.

B.  When several seizures of the same property are made by ordinary creditors, the seizing creditors acquire a privilege and are entitled to a preference among themselves according to the order of their seizures.

Acts 1989, No. 137, §18, eff. Sept.  1, 1989.

Art. 2293. Notice to judgment debtor;  appointment of attorney

A.  Upon making a seizure of immovable property, the sheriff shall file with the recorder of mortgages of the parish in which the immovable property is located a notice of seizure setting forth the title and docket number of the action out of which the writ issued, the judicial district and parish in which the action is pending, and a description of the immovable property.

B.(1)  After the seizure of property, the sheriff shall serve promptly upon the judgment debtor a written notice of the seizure and a list of the property seized, in the manner provided for service of citation. Such notice of seizure shall be accomplished by personal service or domiciliary service. If service cannot be made on the judgment debtor or his attorney of record, the court shall appoint an attorney upon whom service may be made. The notice of seizure shall include information concerning the availability of housing counseling services, as well as the time, date, and place of the sheriff's sale, in accordance with the form provided in R.S. 13:3852(B).

(2)  In addition to the written notice of seizure to be served on the judgment debtor as provided in Subparagraph (1) of this Paragraph, the sheriff shall also serve upon the occupants of the seized property a written notice stating that the subject property has been seized.  Such service shall be accomplished by directing the notice to "occupants" of the seized premises and if the notice cannot be served personally or by domiciliary service upon the occupants, such service shall be accomplished by posting the notice upon the main entrance to the seized premises.  The failure to serve the notices as provided herein shall not invalidate the sheriff's sale; however, such failure shall prevent the purchaser at  the sheriff's sale from availing himself of the provisions of R.S. 13:4346 as it applies to the ejectment or eviction of any occupants of the seized premises other than the judgment debtor.  The failure to serve the notices required in this Paragraph shall not affect the rights of the foreclosing creditor or of the purchaser at the sheriff's sale under Code of Civil Procedure Articles 4701 et seq.

(3)(a)  If the premises foreclosed upon consists of more than ten units, instead of giving notice as provided in Subparagraph (2) of this Paragraph, the foreclosing creditor shall have the option of causing a sign or signs to be posted by the sheriff measuring not less than two feet high and three feet wide posted in such a manner as to notify residents of the building containing the following language or words to this effect: "_________  JUDICIAL DISTRICT COURT FOR THE PARISH OF _________, DOCKET  NUMBER_______. THIS PROPERTY HAS BEEN SEIZED AND SHALL BE SOLD IN ACCORDANCE WITH LAW ON OR AFTER _________, 200__/s/ SHERIFF __________, PARISH.  Any person who removes or damages this notice is subject to prosecution in accordance with R.S. 14:56."  The cost of preparation of such sign shall be borne by the foreclosing creditor and the fee of the sheriff in connection with the posting of such sign shall be determined in accordance with the provisions of R.S. 13:5530(A)(14).

(b)  An affidavit of the creditor shall be filed of record in the foreclosure proceeding stating that such sign was posted, which affidavit shall be prima facie evidence that the sign was posted in accordance with this Subparagraph.

(4)  The provisions of Subparagraphs (2) and (3) of this Paragraph shall apply only to foreclosure proceedings on immovable property which is occupied or intended for occupancy as a residence and shall not apply to foreclosure proceedings on property subject to time share operations, hotels, motels, inns, guest houses, rooming houses, bed and breakfasts, camp sites, campgrounds, and other lodging establishments intended for the temporary housing of guests.

C.  After the seizure of property, the sheriff shall give notice of the seizure to persons other than the judgment debtor in the manner and to the extent provided by R.S. 13:3886.  The sheriff shall file with the clerk who issued the writ his affidavit setting forth the name of each person to whom the notices were given and the address or addresses to which the notices were sent.  The affidavit, when received by the clerk, shall form part of the record and shall be considered prima facie correct.

D.  Cancellation of a mortgage, whether legal, judicial, or conventional, shall allow any interested party to cancel the notice of seizure of property affected by the mortgage upon submitting a request to cancel evidencing that the mortgage has been cancelled and upon submission of proof that all costs due the clerk of court and the sheriff have been paid.  Nevertheless, a notice of seizure shall prescribe ten years after the date of recordation unless reinscribed in the same manner as an instrument creating a mortgage under Civil Code Article 3362.  Any interested party may obtain cancellation of the notice of seizure on the basis of prescription of ten years without submitting evidence that all costs due to the clerk of court and sheriff have been paid in full.

Amended by Acts 1974, No. 88, §1; Acts 1991, No. 662, §1, eff. Jan. 1, 1992; Acts 1995, No. 614, §1; Acts 2004, No. 877, §1; Acts 2005, No. 216, §1; Acts 2008, No. 828, §1; Acts 2012, No. 395, §1; Acts 2013, No. 339, §2.

Art. 2294. Time for seizure;  return

A seizure may be made under a writ of fieri facias only within one year from the date of its issuance.

At the expiration of that time the sheriff shall make a return on the writ unless a seizure has been made within the time.  If a seizure has been made the sheriff shall proceed with the sale and thereupon make a return.

Art. 2294.1. Time for seizure;  return;  city courts in Orleans Parish

A.  A seizure may be made under a writ of fieri facias issued by a city court in Orleans Parish, only within six months from the date of its issuance.

B.  At the expiration of that time the constable shall make a return on the writ unless a seizure has been made within the time.  If a seizure has been made the constable shall proceed with the sale and thereupon make a return.

Added by Acts 1978, No. 366, §1; Acts 1991, No. 289, §1; Acts 2011, 1st Ex. Sess., No. 29, §1.

Art. 2295. Order of sale;  sale in globo

If several items of property have been seized, or if one item of property which is divisible into portions has been seized, the judgment debtor, at any time prior to the first advertisement, may designate the order in which the items or portions of property will be sold, except that the judgment creditor can direct the sale of property on which he has a mortgage, or a privilege other than that resulting from the seizure.

If the judgment debtor does not designate the order of sale, the order of sale shall be at the discretion of the sheriff.

When property is offered by items or portions and the total price bid is insufficient to satisfy the judgment, with interest and costs, or if the judgment debtor so requests, the property shall be offered in globo and thus sold if a higher bid is obtained.

Art. 2296. Reduction of excessive seizure

If several items of property have been seized, or if one item of property which is divisible into portions has been seized, and if the value of the property seized exceeds what is reasonably necessary to satisfy the judgment, including interest and costs, the judgment debtor may obtain the release of the excess items or portion by contradictory motion filed not less than ten days before the day fixed for the sale.

The judgment debtor may not obtain the release of property on which the judgment creditor has a mortgage, or a privilege other than that resulting from the seizure.

Art. 2297. Alias fieri facias

After a writ of fieri facias has been returned unsatisfied, another writ of fieri facias may be issued.

Art. 2298. Injunction prohibiting sale;  damages

Injunctive relief prohibiting the sheriff from proceeding with the sale of property seized under a writ of fieri facias shall be granted to the judgment debtor or to a third person claiming ownership of the seized property:

(1)  When the sheriff is proceeding with the execution contrary to law;

(2)  When subsequent to the judgment payment has been made, or compensation has taken place against the judgment, or it has been otherwise extinguished.  If the payment, compensation, or extinguishment is for a part of the judgment, the injunction shall be granted to that extent, and the execution shall continue for the amount of the excess;

(3)  When the judgment is for the payment of the purchase price of property sold to the judgment debtor and a suit for recovery of the property has been filed by an adverse claimant; or

(4)  When the judgment sought to be executed is absolutely null.

In the event injunctive relief is granted to the judgment debtor or third party claiming ownership of the seized property, if the court finds the seizure to be wrongful, it may allow damages.  Attorney's fees for the services rendered in connection with the injunction may be included as an element of the damages.

Amended by Acts 1981, No. 301, §1.

Art. 2299. Order prohibiting payment of proceeds of sale

When a third person has intervened and asserted a privilege on the property seized superior to that of the judgment creditor, the court shall order the sheriff to withhold a portion of the proceeds of the judicial sale of the property sufficient to satisfy the intervener's claim, subject to the further orders of the court.

Amended by Acts 1961, No. 23, §1.

Chapter 2. Judicial Sale Under Fieri Facias

Art. 2331. Publication of notice of sale

Notice of the sale of property under a writ of fieri facias shall be published at least once for movable property, and at least twice for immovable property, in the manner provided by law.  The court may order additional publications.

The sheriff shall not order the advertisement of the sale of the property seized until three days, exclusive of holidays, have elapsed after service on the judgment debtor of the notice of seizure, as provided in Article 2293.

Art. 2332. Appraisal

A.  The property seized must be appraised according to law prior to the sale.  However, when the property seized is subject to a mortgage, security agreement, or other document creating a privilege in which the debtor has waived the right to appraisal and the judgment recites that the right of the judgment creditor to enforce the judgment is limited to the collateral or security for the amount of such judgment, there shall be no requirement that the property seized be appraised prior to the sale.  If a mortgage on immovable property contains a waiver of appraisal and is sought to be enforced under a writ of fieri facias and the plaintiff prays for a sale without appraisal, the sale shall be conducted without appraisal.

B.  If the personal obligation is also secured by other mortgages or security interests not recognized in the judgment, the judicial sale of any property securing the personal obligation in accordance with Paragraph A shall not prevent the enforcement in rem of such other mortgages or security interests.

C.  There is no requirement that collateral subject to a security interest under Chapter 9 of the Louisiana Commercial Laws be appraised prior to the sale.

Acts 1991, No. 377, §1, eff. Jan. 1, 1992; Acts 2001, No. 588, §1; Acts 2003, No. 1072, §1.

Art. 2333. Sale of perishable property

The court, at the request of a party, may order the immediate sale at public auction, without advertisement or appraisement, of property that is perishable and subject to loss or deterioration pending compliance with the usual formalities.  Notice of the time and place of the sale shall be given to all parties.  The property shall be sold for cash to the highest bidder.

Art. 2334. Reading of advertisement and certificates

            A. At the time and place designated for the sale, the sheriff shall read aloud the advertisement describing the property. The sheriff shall also read aloud a mortgage certificate and any other certificate required by law or otherwise provide, at least twenty-four hours prior to the sale, a copy of such certificates to the public by means of public posting, written copies, electronic means, or by any other method.

            B. The failure of the sheriff to procure, read aloud, or provide a copy of any certificate as required by this Article shall not impact the validity of the sale and shall not give rise to any cause of action against the sheriff, the seizing creditor, or the purchaser arising out of such failure.

            Amended by Acts 2019, No. 415, §1.

Art. 2335. Superior mortgage or privilege

The sheriff shall announce that the property is to be sold for cash subject to any security interest, mortgage, lien, or privilege thereon superior to that of the seizing creditor.

Acts 1989, No. 137, §18, eff. Sept.  1, 1989.

Art. 2336. Minimum price;  second offering

Except as provided in Article 2332, the property shall not be sold if the price bid by the highest bidder is less than two-thirds of the appraised value.  In that event, the sheriff shall re-advertise the sale of the property in the same manner as for an original sale, and the same delay must elapse.  At the second offering, the property shall be sold for cash for whatever it will bring, except as provided in Article 2337.  The debt owed to the seizing creditor shall not be reduced by the costs of the sale, but shall be reduced by the greater of either one-half of the appraised value, less superior security interests, mortgages, liens, and privileges, or the amount by which the price bid exceeds superior security interests, mortgages, liens, and privileges.

Acts 1995, No. 1023, §1; Acts 2001, No. 588, §1.

Art. 2337. Price insufficient to discharge superior privileges;  property not sold

If the price offered by the highest bidder at the first or subsequent offering is not sufficient to discharge the costs of the sale and the security interests, mortgages, liens, and privileges superior to that of the seizing creditor, the property shall not be sold.

Acts 1989, No. 137, §18, eff. Sept.  1, 1989.

Art. 2338. Judgment creditor having superior privilege;  price insufficient to satisfy inferior mortgage

A.  If the security interest, mortgage, lien, or privilege of the seizing creditor is superior to other security interests, mortgages, liens, and privileges on the property, he may require that the property be sold, even though the price is not sufficient to satisfy his or the inferior security interests, mortgages, liens, and privileges.

B.  If the seizing creditor is not present or represented at the sale, the property shall not be sold for less than the amount necessary to fully satisfy his writ plus the costs.

Acts 1987, No. 939, §1; Acts 1989, No. 137, §18, eff. Sept.  1, 1989.

Art. 2339. Judgment debtor and creditor may bid

The judgment debtor and the seizing creditor may bid for the property.

Art. 2340. Payment of debt prior to adjudication

The sale of the property may be prevented at any time prior to the adjudication by payment to the sheriff of the judgment, with interest and costs.

Art. 2341. Sale when installment not due

When the seizing creditor has a security interest, mortgage, lien, or privilege on the property seized, for a debt of which all the installments are not due, he may demand that the property be sold for the entire debt, on the same terms for the payment of unmatured installments as provided in the original contract.

Acts 1989, No. 137, §18, eff. Sept.  1, 1989.

Art. 2342. Act of sale by sheriff

Within fifteen days after the adjudication, the sheriff shall pass an act of sale to the purchaser, in the manner and form provided by law.

The act of sale adds nothing to the force and effect of the adjudication, but is only intended to afford proof of it.

Acts 1986, No. 992, §1.

Art. 2343. Sheriff's return after sale

The sheriff shall make a signed return to the clerk who issued the writ, showing that all formalities have been complied with and stating the manner in which the writ was executed, a description of the property sold, the name of the purchaser, the purchase price, and the disposition thereof.

Chapter 3. The Adjudication and Its Effect

Art. 2371. Effect of adjudication

The adjudication transfers to the purchaser all the rights and claims of the judgment debtor as completely as if the judgment debtor had sold the property.

Art. 2372. Sale subject to superior real charge or lease

The property is sold subject to any real charge or lease with which it is burdened, superior to any security interest, mortgage, lien, or privilege of the seizing creditor.

Acts 1989, No. 137, §18, eff. Sept.  1, 1989

Art. 2373. Distribution of proceeds of sale

After deducting the costs, the sheriff shall first pay the amount due the seizing creditor, then the inferior security interests, mortgages, liens, and privileges on the property sold, and shall pay to the debtor whatever surplus may remain.

Acts 1989, No. 137, §18, eff. Sept.  1, 1989.

Art. 2374. Property subject to superior mortgage;  payment of price

If there is a security interest, mortgage, lien, or privilege on the property superior to that of the seizing creditor, the purchaser shall pay to the sheriff only that portion of the sale price which exceeds the amount of the superior security interest, mortgage, lien, or privilege.

Acts 1989, No. 137, §18, eff. Sept.  1, 1989.

 

Art. 2375. Purchaser's liability;  property subject to inferior mortgages

The purchaser is liable for nothing beyond the purchase price.  He shall pay the full purchase price to the sheriff, despite the existence of a mortgage, lien, or privilege on the property inferior to that of the seizing creditor.

Art. 2376. Release of inferior mortgages, liens, and privileges

            The sheriff shall give the purchaser a release from the security interest, mortgage, lien, or privilege of the seizing creditor, and from all inferior security interests, mortgages, liens, and privileges, and he shall direct the clerk of court or proper filing officer to cancel or partially release their inscriptions insofar as they affect the property sold.

            Acts 1989, No. 137, §18, eff. Sept. 1, 1989; Acts 2018, No. 452, §1.

Art. 2377. Inferior mortgages;  payment;  reference to proceeds

The sheriff shall pay the inferior security interests, mortgages, liens, and privileges, after payment of the costs and the amount due the seizing creditor.  When the sum remaining after payment of the costs and the amount due the seizing creditor is insufficient to pay such inferior claims in full, the sheriff may deposit the remainder with the court and proceed by contradictory motion against the inferior creditors to have their claims referred to the proceeds of the sale.

Acts 1989, No. 137, §18, eff. Sept.  1, 1989.

Art. 2378. Enforcement of mortgage or privilege superior to that of seizing creditor

When the purchaser fails to pay a security interest or mortgage superior to the security interest, mortgage, lien, or privilege of the seizing creditor, the superior security interest or mortgage may be enforced under any of the applicable provisions of Articles 3721 through 3743, or as otherwise provided under applicable law.

Acts 1989, No. 137, §18, eff. Sept.  1, 1989.

Art. 2379. Rights of buyer in case of eviction

The purchaser who has been evicted from property sold under a writ of fieri facias shall have his recourse for reimbursement against the judgment debtor and the seizing creditor.  If judgment is obtained against both, the purchaser shall issue execution first against the judgment debtor, and if his judgment remains unsatisfied, he may issue execution against the seizing creditor.  The purchaser's right of reimbursement against the seizing creditor shall be limited to the value received by the seizing creditor from the sheriff's sale conducted to sell the property under the writ of fieri facias.

Acts 2012, No. 19, §1.

Art. 2380. Loss of recourse when purchaser fails to give judgment debtor timely notice

The purchaser shall lose the right granted him by Article 2379 if a suit is filed to evict him and he neglects to notify the judgment debtor in time for him to defend the suit, and if the debtor could have successfully defended the suit.

Art. 2381. Action by seizing creditor who has been compelled to reimburse purchaser

The seizing creditor may recover from his judgment debtor whatever he has had to pay to the purchaser who has been evicted.

Chapter 4. Garnishment Under A Writ of Fieri Facias

Art. 2411. Garnishee;  effect of service;  financial institutions

A.  The judgment creditor, by petition and after the issuance of a writ of fieri facias, may cause a third person to be cited as a garnishee to declare under oath what property he has in his possession or under his control belonging to the judgment debtor and in what amount he is indebted to him, even though the debt may not be due.  He may require the third person to answer categorically and under oath the interrogatories annexed to the petition within the delay provided by Article 2412.

B.(1) The seizure shall take effect upon service of the petition, citation, interrogatories, and a notice of seizure, as required by Article 2412(A)(1).

(2)  For wage garnishments subject to the provisions of R.S. 13:3921 et seq., if the garnishee or judgment debtor files no opposition to the garnishment proceedings, and the garnishee answers the garnishment interrogatories affirmatively as to the employment of the judgment debtor by the garnishee, and the garnisher fails to obtain a garnishment judgment within one hundred eighty days of the filing of the answers to the interrogatories, all effects of the seizure by garnishment shall automatically cease upon the lapse of the one hundred eightieth day, and the garnisher shall be required to re-serve the garnishee pursuant to R.S. 13:3923 and 3924.

C.  Other than as provided in R.S. 13:3921 et seq. applicable to garnishments of wages, a garnishment shall not be continuing in nature and the garnishee need only respond as to property of the judgment debtor that the garnishee has in his possession or under his control at the time the garnishment interrogatories are served on him.

D.  Notwithstanding any other law to the contrary, when the garnishee is a bank, savings and loan association, or credit union, the garnishee may continue to pay checks and drafts drawn on the judgment debtor's deposit accounts maintained with the garnishee that are presented for payment in the ordinary course of business on the day garnishment interrogatories are served upon the garnishee or on the next business day thereafter, without incurring any liability or obligation in favor of the judgment creditor or any other third party.

Acts 1989, No. 742, §1; Acts 1999, No. 887, §1; Acts 2004, No. 18, §1.

Art. 2412. Method of service;  delay for answering

A.(1)  The sheriff shall serve upon the garnishee the citation and a copy of the petition and of the interrogatories, together with a notice that a seizure is thereby effected against any property of or indebtedness to the judgment debtor.

(2)  The judgment creditor shall send to the judgment debtor written notice of the filing of the garnishment petition by mail or electronic means.  However, the notice provided to the judgment debtor shall have no effect on the validity of the seizure.

B.  Service of garnishment petitions against the wages, salaries, or commissions of employees employed within the executive branch of state government shall be made in the following manner:

(1)  For employees paid through the office of statewide uniform payroll of the division of administration, service shall be made on the said office.

(2)  For all other employees not covered by Subparagraph (1) of this Paragraph, service shall be made only on the secretary of the department employing the debtor or on his designee.

C.  Service shall be made in the manner provided for service of citation, except that if the garnishee is an individual, service must be personal.  If the garnishee has concealed or absented himself with the purpose of avoiding personal service, the court may order that service be made in any other manner provided by law.

D.  The garnishee shall file his sworn answers to the interrogatories within fifteen days from the date of service made pursuant to this Article.

Acts 1999, No. 886, §1; Acts 2001, No. 250, §1; Acts 2004, No. 741, §1.

Art. 2413. Effect of garnishee's failure to answer

A.  If the garnishee fails to answer within the delay provided by Article 2412, the judgment creditor may proceed by contradictory motion against the garnishee for the amount of the unpaid judgment, with interest and costs.  When the garnishee is a state agency or department within the executive branch of state government, the party designated for service of garnishment petitions in Article 2412(B) shall be notified of the intent to file such a motion by certified mail at least fifteen days prior to the filing of the motion.  The failure of the garnishee to answer prior to the filing of such a contradictory motion is prima facie proof that he has property of or is indebted to the judgment debtor to the extent of the judgment, interest, and costs.

B.  Judgment shall be rendered against the garnishee on trial of the motion unless he proves that he had no property of and was not indebted to the judgment debtor.  If on the trial of such motion, the garnishee proves the amount of such property or indebtedness, the judgment against the garnishee shall be limited to the delivery of the property or payment of the indebtedness, as provided in Article 2415.

C.  Regardless of the decision on the contradictory motion, the court shall render judgment against the garnishee for the costs and a reasonable attorney fee for the motion.

Acts 1999, No. 886, §1; Acts 2001, No. 250, §1.

 

Art. 2414. Notice of answer;  traversing

The clerk shall cause written notice of the filing of the garnishee's answer to be served promptly upon the seizing creditor in the manner provided by Article 1314.

Unless the creditor files a contradictory motion traversing the answer of the garnishee within fifteen days after service upon him of the notice of the filing of the garnishee's answer, any property of the judgment debtor in the possession of the garnishee and any indebtedness to the judgment debtor which the garnishee has not admitted holding or owing shall be released from seizure.  A new seizure may be made of such property or indebtedness by filing a supplemental petition and serving additional interrogatories.

 

Art. 2415. Delivery of property or payment of indebtedness to sheriff

When the garnishee admits in his answer, or when on trial of a contradictory motion under Article 2413 or Article 2414 it is found that he has in his possession property belonging to the judgment debtor or is indebted to him, the court shall order the garnishee to deliver the property immediately to the sheriff or to pay him the indebtedness when due.  Delivery or payment to the sheriff discharges the garnishee's obligation to the judgment debtor to the extent of the delivery or payment.

This article does not apply to garnishment of wages, salaries, or commissions.

Art. 2416. Venue of garnishment proceedings

The venue of a garnishment proceeding under a writ of fieri facias is the parish where the garnishee may be sued under Article 42 only or Article 77.

The venue of a garnishment proceeding under a writ of attachment or sequestration, in an action against a resident of the state, is any parish where the defendant may be sued.

Amended by Acts 1964, No. 4, §1; Acts 1989, No. 117, §1.

Art. 2417. Garnishment in court other than one which rendered judgment

The procedure in garnishment proceedings under the writ of fieri facias in a court other than that which rendered the judgment shall be the same as if the garnishment were in the court where the judgment was rendered, except:

(1)  The judgment must be made executory in the court where the garnishment proceedings are filed, as provided in Article 2782; and

(2)  The writ of fieri facias directed to the sheriff, constable, or marshal of the court where the garnishment proceedings are filed may be issued either by the court which rendered the judgment or by the court which made the judgment executory.

Amended by Acts 1961, No. 23, §1.

Chapter 5. Examination of Judgment Debtor

Art. 2451. Examination of judgment debtor and third parties;  depositions

A.  In aid of execution the judgment creditor may examine the judgment debtor, his books, papers, or documents, upon any matter relating to his property, either as provided in Articles 1421 through 1515 or as provided in Articles 2452 through 2456.

B.  In aid of execution of the judgment, the judgment creditor may also examine any person upon any matter relating to the judgment debtor's property, as provided in Articles 1421 through 1474.

Acts 1990, No. 1000, §1.

Art. 2452. Court where motion filed and examination conducted

A.  Except as provided in Paragraph B, the written motion for the examination of a judgment debtor shall be filed, and the proceedings conducted, in the court which rendered the judgment.

B.  If the judgment debtor is an individual who is domiciled in the state but not in the parish where the judgment was rendered, or who has changed his domicile to another parish after the institution of the suit, the written motion for his examination shall be filed, and the examination conducted, in a court of competent jurisdiction in the parish of his then domicile or where the judgment was rendered or where the debt that has been reduced to judgment was incurred.  If the judgment debtor is a nonresident, the petition for his examination shall be filed, and the examination conducted, in a court of competent jurisdiction in any parish where he may be found, or in the court which rendered the judgment.  In any case mentioned in this Paragraph, a certified copy of the judgment shall be attached to the written motion for examination.

Amended by Acts 1988, No. 37, §1, eff. June 10, 1988; Acts 2007, No. 433, §1.

Art. 2453. Motion;  order;  service

On ex parte written motion of the judgment creditor, personally or through his attorney, the court shall order the judgment debtor to appear in court for examination at a time fixed by the court, not less than five days from the date of service of the motion and order on the judgment debtor or his counsel of record, and to produce any books, papers, and other documents relating to the judgment debtor's property described in the motion.

Acts 2006, No. 12, §1.

Art. 2454. Oath;  testimony not used in criminal proceedings

The debtor shall be sworn to tell the truth in the same manner as a witness in a civil action.

No testimony given by a debtor shall be used in any criminal proceeding against him, except for perjury committed at such examination.

 

Art. 2455. Costs

Court costs in connection with the examination shall be taxed against the judgment debtor, except that if the court determines that the creditor invoked the remedy needlessly, the court may tax the costs against the creditor.

Art. 2456. Contempt

If the motion and order have been served personally on the judgment debtor, as provided by law or if service is obtained pursuant to Article 1261, and the judgment debtor refuses to appear for the examination or to produce his books, papers, or other documents when ordered to do so, or if he refuses to answer any question held pertinent by the court, the judgment debtor may be punished for contempt.

Amended by Acts 1988, No. 37, §1, eff. June 10, 1988.

Title III. Judgments Other Than Money Judgments

Art. 2501. Judgment ordering delivery of possession;  writ of possession

A party in whose favor a judgment of possession has been rendered may obtain from the clerk a writ of possession directing the sheriff to seize and deliver the property to him if it is movable property, or to compel the party in possession to vacate the property by use of force, if necessary, if it is immovable.

Art. 2502. Writ of distringas;  contempt;  damages

If a judgment orders the delivery of a thing and the sheriff cannot seize it because the defendant has concealed or removed it from the jurisdiction of the court, or when the judgment orders a defendant to do or refrain from doing an act other than the delivery of a thing, and he refuses or neglects to comply with the order, the party entitled to performance may obtain by contradictory motion the following remedies:

(1)  A writ to distrain the property of the defendant;

(2)  An order adjudging the disobedient party in contempt; or

(3)  A judgment for any damages he may have sustained.  He may likewise sue for damages in a separate action.

Art. 2503. Distringas, execution and revocation

In the execution of the writ of distringas, the sheriff shall seize the property of the defendant and retain it in his possession subject to the orders of the court.

The court shall revoke the writ, and order the sheriff to release and return to the defendant all property seized thereunder, when the defendant proves that he has complied with the judgment sought to be enforced through the distringas, and has also satisfied any judgment for damages which the plaintiff may have obtained against him because of his noncompliance with the judgment first mentioned.

Perishable property seized under a writ of distringas may be sold as provided in Article 2333.  The proceeds of such a sale shall be held by the sheriff subject to the orders of the court.

Art. 2504. Specific performance;  court directing performance by third party

If a judgment directs a party to perform a specific act, and he fails to comply within the time specified, the court may direct the act to be done by the sheriff or some other person appointed by the court, at the cost of the disobedient party, and with the same effect as if done by the party.

Title IV. Foreign Judgments

Art. 2541. Execution of foreign judgments

            A. A party seeking recognition or execution by a Louisiana court of a judgment or decree of a court of the United States or a territory thereof, or of any other state, or of any foreign country may bring an ordinary proceeding against the judgment debtor in the proper Louisiana court, to have the judgment or decree recognized and made the judgment of the Louisiana court.

            B. A duly authenticated copy of the judgment or decree must be annexed to the petition.

            C. A judgment, decree, or order of a court of the United States or any other court that is entitled to full faith and credit in this state may also be enforced pursuant to R.S. 13:4241.

            Acts 1985, No. 464, §2; Acts 2016, No. 132, §1.

Art. 2542. Grounds for recognition of foreign defamation judgments

A.  For the purposes of this Section, "foreign defamation judgment" means a judgment or decree rendered in a jurisdiction outside of any state or territory of the United States which was founded on a cause of action arising from allegations of defamation, libel, or slander.

B.  A foreign defamation judgment is not conclusive if any of the following apply:

(1)  The judgment was rendered under a system which does not provide impartial tribunals or procedures compatible with the requirements of due process of law.

(2)  The foreign court did not have personal jurisdiction over the defendant.

(3)  The foreign court did not have jurisdiction over the subject matter.

C.  A foreign defamation judgment need not be recognized if any of the following apply:

(1) The defendant in the proceedings in the foreign court did not receive notice of the proceedings in sufficient time to enable him to provide a defense.

(2)  The judgment was obtained by fraud.

(3)  The cause of action or claim for relief on which the judgment is based is repugnant to the public policy of this state.

(4)  The judgment conflicts with another final and conclusive order.

(5)  The proceeding in the foreign court was contrary to an agreement between the parties under which the dispute in question was to be settled otherwise than by proceedings in that court.

(6)  In the case of jurisdiction based only on personal service, the foreign court was an inconvenient forum for the trial of the action.

(7)  The foreign jurisdiction where judgment was rendered would not give recognition to a similar judgment rendered in this state.

(8)  The court sitting in this state before which the matter is brought determines that the defamation law applied in the adjudication by the foreign court failed to provide at least as much protection for freedom of speech and press in that case as would be provided by the constitutions of this state and the United States.

D.  For the purposes of rendering declaratory relief with respect to the liability of a person for a foreign defamation judgment and determining whether the foreign defamation judgment should be deemed recognizable pursuant to this Section, the courts of this state shall have personal jurisdiction over any person who obtains a judgment in a defamation proceeding outside the United States against any of the following persons:

(1)  A resident of this state.

(2)  A person or entity amenable to the jurisdiction of this state.

(3)  A person who has assets in this state.

(4)  A person who may have to take action in this state to comply with the judgment.

Acts 2010, No. 712, §1; Acts 2010, No. 878, §1.