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See Louisiana Judgment Enforcement Law below.
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Judgments and Enforcement:
A money judgment issued by the Court of the State of Louisiana generally may be enforced for a period of ten (10) years, and may be revived within that period by citation to the defendant or his representative for another ten (10) years, and for as often as the judgment creditor desires. (C.C. 3547, C.C.P. 2031) It may become a lien on the judgment debtor's real property if it is filed with the recorder in the Parish in which land is located. (C.C. 3322.) Such lien stays with the property for ten (10) years from the date of the Judgment, and must be reinscribed within that period in order to extend its enforcement period..
A judgment creditor may execute a judgment, by a writ of fieri facias against the judgment debtor's non-exempt personal property upon the issuance of a writ of execution at any time during the life of the judgment. (C.C.P. 2293) A judgment debtor's wages may also be garnished, but the amount which may be withheld cannot exceed 25% of his disposable income for any week. (R.S. 13:3881)
Confession by Judgment generally may not be permitted prior to maturity of the obligation. (R.S. 9:3590).
Any judgment, decree or order of a court of the United States or of any other court is entitled to full faith and credit in the State of Louisiana. The State of Louisiana will enforce a judgment rendered by courts of other states if it is certified or authenticated by the court which issued it. (C.C.P. 1395.) It generally adopts the Uniform Enforcement of Foreign Judgments Act. (R.S. 13:4241-4247)
A judgment creditor seeking to enforce a foreign judgment may file with the appropriate court an authenticated copy of the foreign judgment and an affidavit showing the name and last known post office address of the judgment debtor and the judgment creditor. The clerk of the court and the creditor are required to mail a written notice of the filing of the foreign judgment to the judgment debtor at the address given. The notice must include the name and post office address of the judgment creditor and, if the judgment creditor has an attorney in this state, the attorney's name and address. Lack of mailing notice of filing by the clerk does not affect the enforcement proceedings if proof of mailing by the judgment creditor has been filed. A judgment so filed has the same effect and is subject to the same procedures, defenses, and proceedings for reopening, vacating, or staying as a judgment issued by the Courts in Louisiana, and may be enforced or satisfied in like manner. However, no execution for enforcement of a foreign judgment may be issued until thirty (30) days after the mailing of the notice of the filing of the foreign judgment.
Legal Rate: Two percent points above the coupon rate issued as ascertained by the Commissioner of Financial Institution. ((R.S. 13:4202.) The published juridical interest rate from January 1, 1999 to December 31, 1999 is 6.370% per annum. (Louisiana State Bar http://www.lsba.org/ ).
Written Contract rate: Maximum interest rate which may be contracted generally may not exceed 12% per annum. (C.C. 2924)
Judgment Rate: The legal interest rate applies. (R.S. 13:4203)
In general, a debtor may claim exemption of his homestead and certain personal property from attachment and execution of a judgment, or in a bankruptcy proceeding.
The Constitution of Louisiana permits a judgment debtor to claim homestead exemption up to an amount of $15,000. (Louisiana Constitution Article 12, Sec. 9.) Homestead may consist of rural or urban land, not exceeding 160 acres, buildings and appurtenances. (R.S. 20:1)
Personal property which may be exempt from levy or sale upon execution, writ of attachment or any process issuing out of any court in the State of Louisiana may include certain property necessary to exercise a trade, calling or profession by which the debtor earns his livelihood; clothing and certain prescribed household items, musical instruments, domestic stocks, household pets, and wedding or engagement rings with a value not to exceed $5,000; and pensions, proceeds of and payments under annuity policies or plans, individual retirement accounts, all Keogh plans, all simplified employee pension plans and all other plans qualified under Sections 401 or 408 of the Internal Revenue Code.
In a bankruptcy action, a debtor may claim exemption only as to that property and income which is exempt under the laws of the State of Louisiana and under federal laws other than Subsection (d) of Section 522 of Title 11 of the United State Code.