โ๏ธ How to Collect a Judgment in Louisiana: Complete Guide
Everything creditors, attorneys, and judgment holders need to know about enforcing and collecting civil judgments in Louisiana.
๐ Louisiana Judgment Collection at a Glance
๐ Table of Contents
- Louisiana Judgment Collection Overview
- Key Louisiana Statutes and Laws
- Judgment Enforcement Period and Renewal
- Post-Judgment Interest Rates
- Collection Methods Available
- Wage Garnishment
- Bank Levies and Account Seizures
- Property Liens and Real Estate
- Personal Property Execution
- Louisiana Debtor Exemptions
- Post-Judgment Discovery and Debtor Exams
- Locating the Debtor and Their Assets
- What Makes Louisiana Unique
- Out-of-State Judgment Domestication
- Small Claims Enforcement
- Practical Tips
- Frequently Asked Questions
- Get Professional Help
โ๏ธ Louisiana Judgment Collection Overview
Winning a civil judgment in Louisiana is only the first step. The court does not automatically collect the money owed to you โ that responsibility falls on the judgment creditor. If the debtor does not voluntarily pay, you must actively pursue enforcement using the legal tools available under Louisiana law.
Louisiana provides judgment creditors with collection remedies including wage garnishment, property liens, bank account levies, and personal property execution. However, the state also recognizes debtor protections and exemptions that limit what can be seized.
In Louisiana, a judgment remains enforceable for 10 (renewable) years. During that time, post-judgment interest accrues at Variable (judicial interest rate set by legislature) per year (variable rate (judicial interest)), significantly increasing the total amount owed.
This comprehensive guide covers every aspect of judgment collection in Louisiana, from governing statutes to practical strategies for locating debtors and their assets across all 64 parishes.
๐ Important: This guide is for informational purposes only and does not constitute legal advice. For assistance locating debtors or searching for assets, professional services can save significant time and money.
๐ Key Louisiana Statutes and Laws
Louisiana judgment collection is governed by several statutes that establish procedures and protections.
La. C.C.P. art. 2291 through art. 2376 โ Governs execution of judgments in Louisiana, including seizure and sale of property, the sheriff’s duties, notice requirements, and the distinction between movable and immovable property under Louisiana’s civil law system.
La. C.C.P. art. 2411 through art. 2415 โ Covers garnishment proceedings in Louisiana. Uses civil law terminology (garnishee/garnisher) and procedures derived from the Napoleonic Code tradition. Addresses both wage and non-wage garnishment.
La. C.C.P. art. 2292 through art. 2297 / La. R.S. 9:5241 โ Addresses judicial mortgages (judgment liens) on immovable property. A judicial mortgage is created by recording the judgment in the parish mortgage records. Judicial mortgages are effective for 10 years and must be reinscribed to remain effective.
La. R.S. 13:3881 โ Louisiana provides exemptions for the homestead, household goods, wearing apparel, tools of trade, and various benefits. The exemption system reflects Louisiana’s unique civil law heritage and uses different terminology than common-law states.
La. C.C. art. 2924 / La. R.S. 13:4202 โ Establishes the post-judgment interest rate of Variable (judicial interest rate set by legislature) per year on civil judgments.
๐น Federal Laws That Also Apply
The Consumer Credit Protection Act (CCPA), 15 U.S.C. ยง 1673, caps wage garnishment at the lesser of 25% of disposable earnings or the amount by which weekly disposable earnings exceed 30 times the federal minimum wage. Louisiana may provide additional protections beyond this federal floor.
โฑ๏ธ Judgment Enforcement Period and Renewal
Louisiana grants judgment creditors a 10 (renewable)-year enforcement period.
๐น Renewing a Louisiana Judgment
Louisiana judgments are enforceable for 10 years and can be revived by filing an action to revive. Judicial mortgages (judgment liens) on immovable property must be reinscribed every 10 years to remain effective. Failure to reinscribe results in loss of the lien.
To learn more, visit our guide on judgment renewal procedures.
โ ๏ธ Warning: Do not wait until the last moment to renew. File well before the deadline to ensure continuity of enforcement.
๐ฐ Post-Judgment Interest Rates
Under La. C.C. art. 2924 / La. R.S. 13:4202, the post-judgment interest rate in Louisiana is Variable (judicial interest rate set by legislature) per year (variable rate (judicial interest)).
๐น How Interest Grows Over Time
๐ Note: Louisiana’s post-judgment interest rate (Variable (judicial interest rate set by legislature)) is variable. Contact the court clerk for the current applicable rate.
๐ก Pro Tip: Accruing interest means your judgment grows daily. Even if a debtor is difficult to locate, the increasing value provides incentive to continue collection efforts.
๐ง Collection Methods Available in Louisiana
| Collection Method | Best For | Key Statute |
|---|---|---|
| ๐ผ Wage Garnishment | Employed debtors with steady income | La. C.C.P. art. 2411 |
| ๐ฆ Bank Levy | Debtors with known bank accounts | La. C.C.P. art. 2411 |
| ๐ Real Property Lien | Debtors who own real estate | La. C.C.P. art. 2292 |
| ๐ Personal Property Execution | Debtors with vehicles, equipment | La. C.C.P. art. 2291 |
| ๐ Post-Judgment Discovery | Finding hidden assets | La. C.C.P. art. 2451 (Debtor Examination) |
| ๐ Judgment Domestication | Out-of-state judgments | La. R.S. 13:4241 |
๐ Need to Locate a Debtor’s Assets in Louisiana?
Our professional asset search services uncover real property, vehicles, business interests, and more across all 64 Louisiana parishes.
๐ Order an Asset Search๐ผ Wage Garnishment in Louisiana
Wage garnishment is one of the most effective tools available to Louisiana judgment creditors. Once in place, the debtor’s employer must withhold a portion of wages each pay period and remit those funds to the creditor.
๐น How Much Can Be Garnished
Louisiana follows the federal CCPA limits for wage garnishment. The maximum is the lesser of 25% of disposable earnings or the amount by which weekly disposable earnings exceed 30 times the federal minimum wage. Louisiana uses the term garnishment for both wage and non-wage seizures.
“Disposable earnings” means the amount remaining after legally required deductions such as federal and state taxes, Social Security, and Medicare. Voluntary deductions like 401(k) contributions and health insurance premiums are generally not subtracted.
๐ Louisiana Special Note: Louisiana’s legal system is based on civil law (Napoleonic Code), not common law like the other 49 states. This means Louisiana uses different terminology and procedures than common-law states. Garnishment proceedings are governed by the Louisiana Code of Civil Procedure, and the process involves filing a petition for garnishment and obtaining a judgment of garnishment.
๐น Filing for Wage Garnishment
Obtain the Employer’s Identity
A professional employer locate service can identify the debtor’s current employer.
File the Garnishment with the Court
Prepare and file garnishment paperwork with the court clerk. Filing fees are typically recoverable from the debtor.
Serve the Employer
The garnishment order must be properly served on the employer, who is then obligated to begin withholding.
Debtor Notification and Exemption Claims
The debtor receives notice and may claim exemptions and request a hearing.
Employer Begins Withholding
If no valid exemption is claimed, the employer withholds and remits funds until the judgment is satisfied.
โ ๏ธ Priority: Child support and tax levies take priority over all other garnishments.
๐ฆ Bank Levies and Account Seizures
A bank levy allows a judgment creditor to seize funds directly from the debtor’s bank accounts โ often the fastest way to collect a significant portion of a judgment.
๐น Process for a Bank Levy in Louisiana
Louisiana bank levies are conducted through the garnishment process. The creditor files a petition for garnishment naming the bank as garnishee. The sheriff serves the garnishment on the bank, which must freeze accounts and file an answer. Louisiana’s civil law procedures require specific forms and filings that differ from common-law states.
๐น Exemptions for Bank Accounts
Certain funds may be exempt under federal and Louisiana law:
โ Social Security benefits (42 U.S.C. ยง 407)
โ Veterans’ benefits and SSI
โ Workers’ compensation benefits
โ Certain retirement and pension funds
๐ก Pro Tip: Time the levy when account balances are highest โ typically right after payroll deposits. An asset search can identify which banks the debtor uses.
๐ Property Liens and Real Estate
Recording a judgment lien against the debtor’s real property is a powerful long-term strategy.
๐น How Judgment Liens Work in Louisiana
In Louisiana, a judgment lien is created by filing the judgment with the Parish Clerk of Court in the parish where the debtor owns property. Louisiana uses parishes instead of counties โ there are 64 parishes. The judgment must also be recorded in the parish mortgage records to create a proper lien against immovable (real) property.
๐น Forced Sale of Real Property
If the debtor owns property with equity above the homestead exemption, the creditor can request execution directing sale at public auction. A real property asset search can provide detailed property information.
โ ๏ธ Homestead Protection: Louisiana provides a homestead exemption of $35,000 in value on up to 5 acres within a municipality or 200 acres outside. For residents 65 or older or those with disabilities, the exemption increases to $75,000.
๐น Redemption Rights
Louisiana does not provide a right of redemption for property sold at judicial sale (execution sale). Once the property is sold and the sale is confirmed by the court, it is final. This lack of redemption makes Louisiana execution sales attractive to buyers and typically yields higher prices.
๐ Personal Property Execution
Judgment creditors can execute on vehicles, equipment, jewelry, and other tangible assets:
โ Automobiles, trucks, and recreational vehicles (subject to exemptions)
โ Equipment, tools, and machinery
โ Business inventory and receivables
โ Investments, stocks, and bonds
A vehicle asset search can identify vehicles registered to the debtor.
๐ก๏ธ Louisiana Debtor Exemptions
| Exemption Category | Protection Amount | Statute |
|---|---|---|
| ๐ Homestead | $35,000 ($75,000 if 65+ or disabled) | La. C.C.P. art. 2292 |
| ๐ค Personal Property | Various categories (no single aggregate limit) | La. R.S. 13:3881 |
| ๐ผ Wages | 25% of disposable earnings | Federal + state law |
| ๐ช Military Benefits | 100% exempt | Federal Law |
| ๐ฅ Workers’ Comp | 100% exempt | La. R.S. 23:1205 |
| ๐ด Public Pensions | 100% exempt | La. R.S. 11:405 |
๐ Post-Judgment Discovery and Debtor Exams
Post-judgment discovery under La. C.C.P. art. 2451 (Debtor Examination) compels the debtor to disclose detailed financial information under oath.
๐น What You Can Discover
โ Employment details, income, and employer address
โ All bank accounts, institutions, and balances
โ Real property in Louisiana and other states
โ Vehicle titles and registrations
โ Business ownership interests
โ Recent asset transfers (potential signs of hidden assets)
Learn more: post-judgment discovery guide.
โ ๏ธ Contempt Sanctions: Louisiana courts can hold debtors in contempt for failing to appear at debtor examinations or comply with court orders. Sanctions include fines and incarceration until the debtor complies with the court’s order.
๐ Locating the Debtor and Their Assets
The biggest obstacle in Louisiana judgment collection is often finding the debtor and identifying what they own.
๐น Why Skip Tracing Matters
Professional skip tracing services locate debtors who have moved or are avoiding collection. Our Louisiana skip tracing services cover all 64 parishes.
๐น Asset Discovery Services
โ Real property holdings โ โ Vehicle registrations โ โ Business interests โ โ Hidden asset investigations
๐ Find Your Louisiana Debtor Today
Our skip tracing professionals locate debtors across all 64 Louisiana parishes.
๐ Locate a Judgment Debtor๐ What Makes Louisiana Unique for Judgment Collection
Louisiana has several highly distinctive characteristics, many stemming from its unique civil law heritage:
โ Civil law system (Napoleonic Code) โ Louisiana is the only U.S. state based on civil law rather than common law. This means different terminology (parishes/not counties, immovable/movable property, judicial mortgages, etc.), different code articles, and different procedural traditions.
โ Parishes instead of counties โ Louisiana has 64 parishes, not counties. All property records, court filings, and enforcement actions use parish designations.
โ Judicial mortgage system โ Judgment liens on real property are called “judicial mortgages” and are recorded in the parish mortgage records. They must be reinscribed every 10 years to maintain effectiveness.
โ Community property state โ Louisiana is a community property state, meaning assets acquired during marriage are presumed to be jointly owned. Community property is generally liable for community debts (debts incurred during marriage for the benefit of the community).
โ No redemption period โ The absence of a post-sale redemption right makes judicial sales final and more attractive to buyers.
โ Movable vs. Immovable property โ Louisiana uses “movable” (personal) and “immovable” (real) property terminology, reflecting its civil law heritage. Different enforcement procedures apply to each category.
โ Oil and gas economy โ Louisiana’s significant oil, gas, and petrochemical industries mean many debtors may own mineral rights, royalty interests, and energy sector assets that require specialized investigation.
๐ Out-of-State Judgment Domestication
If your judgment was obtained in another state and the debtor is now in Louisiana, you must domesticate the judgment first.
Louisiana has adopted the UEFJA. File a certified copy of the foreign judgment with the clerk of court in the parish where enforcement is sought. Louisiana uses parishes rather than counties, and its civil law system means the domestication process uses some different terminology than other states.
See our guide on how to domesticate a judgment.
๐๏ธ Small Claims Judgment Enforcement
Judgments from Louisiana’s Justice of the Peace Court / City Court Small Claims (under $5,000) are enforced using the same methods as any other civil judgment. See our guide on enforcing small claims judgments.
๐ก Practical Tips for Louisiana Judgment Creditors
๐น Act Quickly After Judgment
File garnishments and liens within the first 30 days to maximize recovery before the debtor can move assets.
๐น Use Multiple Methods Simultaneously
Combine wage garnishment, property liens, and bank levies for maximum pressure.
๐น Investigate Before Executing
Invest in a professional asset search to target the most productive assets first.
๐น Watch for Fraudulent Transfers
Louisiana has its own revocatory action (action paulienne) under La. C.C. art. 2036-2044, which is the civil law equivalent of a fraudulent transfer action. Creditors can revoke (reverse) transfers made by the debtor that defraud creditors, whether through actual fraud or when the debtor was insolvent.
๐น Consider Bankruptcy Risk
Aggressive collection can push debtors into bankruptcy. Sometimes negotiated settlement produces a better outcome.
โ๏ธ Louisiana’s Civil Law System โ What Creditors Need to Know
Louisiana’s civil law system, derived from the Napoleonic Code and French legal traditions, creates a fundamentally different legal landscape than the other 49 states. Creditors and attorneys from common-law states must understand these key differences:
๐น Different Terminology
โ Parishes (not counties) โ Louisiana has 64 parishes
โ Immovable property (not “real property”) โ Land and buildings
โ Movable property (not “personal property”) โ Everything else
โ Judicial mortgage (not “judgment lien”) โ The lien on immovable property
โ Revocatory action (not “fraudulent transfer action”) โ Challenging debtor transfers
โ Seizure and sale (not “levy and execution”) โ The enforcement process
๐น Code-Based Law
Louisiana’s law is organized into civil codes (Louisiana Civil Code, Code of Civil Procedure, Revised Statutes) rather than relying primarily on case law precedent as in common-law states. While case law matters, the starting point for any legal question is always the applicable code article.
๐น Practical Impact
For out-of-state creditors, Louisiana’s civil law system means that forms, procedures, and terminology will be unfamiliar. It is strongly recommended to work with a Louisiana-licensed attorney or experienced professional familiar with the state’s unique legal system for enforcement proceedings.
๐ซ Community Property in Louisiana
Louisiana is a community property state, and its community property rules are particularly well-developed given the civil law tradition. Community property includes virtually all assets acquired during the marriage by either spouse through labor or skill. For creditors, this means:
โ Community debts โ Debts incurred during marriage for the community’s benefit can be collected from all community property, not just the debtor-spouse’s share
โ Separate debts โ Pre-marriage debts or debts for the debtor’s separate benefit can generally only be collected from the debtor-spouse’s separate property and their share of community property
โ Investigation needed โ Always determine whether the underlying debt is a community obligation or a separate one, as this dramatically affects which assets are available
๐ข๏ธ Oil, Gas, and Mineral Rights in Louisiana
Louisiana’s significant energy industry creates unique asset types for judgment collection:
โ Mineral rights โ Separate from surface ownership, mineral rights in Louisiana can be extremely valuable. They are subject to judicial mortgage and seizure.
โ Royalty interests โ Debtors receiving ongoing royalty payments from oil and gas production can have those payments garnished. A garnishment served on the production company or royalty payor redirects payments to the creditor.
โ Working interests โ Active participation in oil/gas production creates both assets and liabilities. The debtor’s working interest can be reached through execution.
A comprehensive asset search in Louisiana should include investigation of mineral rights and royalty interests, particularly in southern and northern Louisiana parishes with active production.
๐ฒ Collection Costs and Fees in Louisiana
โ Judicial mortgage recording: $25 to $75 per parish
โ Writ of fieri facias (execution): $25 to $50
โ Garnishment petition: $50 to $100 filing fee
โ Sheriff’s fees: Vary by parish
โ Reinscription of judicial mortgage: Same as original recording fee, every 10 years
๐ Typical Louisiana Judgment Collection Timeline
Days 1-14: Immediate Actions
Record judicial mortgage in all parishes where debtor owns immovable property. Order asset search covering all 64 parishes. Investigate mineral rights and royalty interests.
Days 14-30: Initiate Enforcement
File wage garnishment. File bank garnishment. Request debtor examination under art. 2451.
Months 2-6: Seizure and Sale
Pursue seizure and sale of non-exempt movable property. Evaluate forced sale of immovable property (no redemption period makes this attractive). Investigate community property available for community debts.
Year 9: Reinscription
Reinscribe judicial mortgage before the 10-year expiration. File action to revive the judgment if needed.
๐ Louisiana Legal Terminology Guide
For out-of-state creditors, Louisiana’s civil law terminology can be confusing. Here is a practical translation guide:
| Common Law Term | Louisiana Term |
|---|---|
| County | Parish |
| Real property | Immovable property |
| Personal property | Movable property |
| Judgment lien | Judicial mortgage |
| Fraudulent transfer action | Revocatory action (action paulienne) |
| Recording | Inscription/Recordation |
| Lien renewal | Reinscription |
| Writ of execution | Writ of fieri facias |
| Sheriff’s sale | Judicial sale |
| Debtor examination | Rule to show cause / Debtor examination under art. 2451 |
Familiarity with these terms is essential for navigating Louisiana’s legal system efficiently. Forms, court orders, and correspondence will use Louisiana terminology throughout.
โ๏ธ Louisiana’s No-Redemption Advantage
Louisiana does not provide a right of redemption for property sold at judicial sale. This is a significant advantage for creditors because:
โ Sales are final โ Once the court confirms the sale, ownership transfers permanently
โ Buyers bid higher โ The certainty of a final sale encourages more aggressive bidding at judicial sales
โ Faster resolution โ Without a 6-12 month redemption period, the creditor receives proceeds more quickly
โ Debtor loses leverage โ The inability to redeem motivates debtors to negotiate before the sale occurs
This makes Louisiana one of the more attractive states for pursuing forced sale of the debtor’s immovable property, particularly when equity exceeds the $35,000-$75,000 homestead exemption.
๐ Louisiana’s Revocatory Action (Action Paulienne)
Louisiana’s civil law equivalent of a fraudulent transfer action is the revocatory action (action paulienne) under La. C.C. art. 2036-2044. This action allows creditors to “revoke” (reverse) transfers made by the debtor to defraud creditors.
๐น Requirements
The creditor must prove: (1) the debtor made a transfer that caused or increased the debtor’s insolvency; (2) the transferee knew or should have known of the debtor’s insolvency; and (3) the transfer prejudiced the creditor’s rights. For gratuitous transfers (gifts), the creditor only needs to prove that the transfer made the debtor insolvent โ knowledge by the transferee is not required.
๐น Prescription (Statute of Limitations)
Under Louisiana civil law, the prescriptive period (statute of limitations) for a revocatory action is one year from the date the creditor knew or should have known of the transfer. This is shorter than the 4-year period in most common-law states, making timely investigation essential. Order a hidden asset investigation early to identify potential transfers before the prescriptive period runs.
๐ท New Orleans and South Louisiana Collection
New Orleans (Orleans Parish) and the surrounding parishes present unique collection dynamics:
โ Tourism and hospitality economy โ Many debtors work in the service industry with variable income including tips
โ Oil and gas โ South Louisiana is a center for the offshore oil industry, with many high-income workers
โ Port industry โ The Port of New Orleans and related logistics companies employ thousands
โ Post-disaster considerations โ Insurance proceeds and federal disaster payments may affect the debtor’s asset picture
โ Music and entertainment โ Debtors in the entertainment industry may have royalty income, performance contracts, and intellectual property that can be garnished or executed upon
โ Judgment Satisfaction in Louisiana
When the judgment is fully satisfied, the creditor must file a cancellation of judicial mortgage with the Clerk of Court in each parish where the judicial mortgage was recorded. This process uses Louisiana’s civil law terminology and procedures, and creditors from common-law states should be aware of the specific forms required.
๐น Reinscription Calendar
If you have recorded judicial mortgages in multiple parishes, track the reinscription deadline for each separately. Each judicial mortgage must be reinscribed within 10 years of its original recording date (not the judgment date). Missing a reinscription deadline in even one parish means losing lien priority in that parish.
โ ๏ธ Critical: Louisiana’s one-year prescriptive period for revocatory actions is much shorter than the typical 4-year fraudulent transfer statute of limitations in common-law states. Investigate potential transfers early to preserve your ability to challenge them.
๐ Debtor Rights Under Louisiana Civil Law
Louisiana’s civil law heritage provides unique debtor protections that differ from common-law states:
โ Homestead: $35,000 (up to $75,000 for elderly/disabled) on specified acreage
โ Necessities: Household goods, clothing, and provisions for the family are exempt
โ Tools of trade: Necessary instruments and books for the debtor’s trade or profession
โ Motor vehicle: One motor vehicle up to $7,500 in value
โ Wedding/engagement rings โ Exempt under Louisiana law
โ Community property protections โ The non-debtor spouse’s separate property is generally protected from the other spouse’s individual debts
๐ญ North Louisiana Collection Considerations
North Louisiana (Shreveport, Monroe, Ruston area) has a different economic base than South Louisiana:
โ Natural gas (Haynesville Shale) โ Active gas production creates mineral rights and royalty interests
โ Military (Barksdale AFB) โ SCRA considerations for active-duty debtors
โ Timber industry โ North Louisiana’s pine forests mean debtors may own valuable timberland
โ Lower property values โ The $35,000 homestead exemption covers a larger percentage of equity in areas with more modest home values
๐ซ Community Property โ Advanced Considerations
Louisiana’s community property regime is among the most developed in the nation, rooted in centuries of civil law tradition. For judgment creditors, understanding the nuances is critical:
๐น Termination of Community
Community property can be terminated by: judgment of separation of property, agreement between spouses (matrimonial agreement), or divorce. After termination, each spouse’s share of former community property becomes separate property. Creditors should investigate whether the community regime has been modified or terminated, as this affects which assets are available.
๐น Fruits and Revenues
Under Louisiana’s civil law, “fruits” (income, rental proceeds, crop harvests) from community property remain community property. This means that rental income from community-owned real estate, dividends from community investments, and wages earned during the marriage are all community property potentially available to satisfy community debts.
๐น Separate Property Obligations
When a debt is classified as a separate obligation (incurred before marriage or for non-community purposes), collection is more limited. Only the debtor spouse’s separate property and their share of community property may be reached. The non-debtor spouse’s separate property is protected. Proper classification of the debt as community or separate is essential to determine collection strategy.
๐ Debtor Examination in Louisiana
Louisiana provides for debtor examination under La. C.C.P. art. 2451. The creditor can request the court to order the debtor to appear and answer questions about their assets, income, and financial condition under oath. This proceeding is similar to debtor examinations in common-law states but uses Louisiana’s civil law procedural framework. The debtor must disclose all immovable and movable property, income sources, bank accounts, and recent transfers. Failure to appear or answer can result in contempt sanctions.
๐ช Small Business Debtor Collection in Louisiana
Louisiana’s robust small business community โ from restaurants and bars in New Orleans to fishing operations on the coast to oil service companies statewide โ creates unique collection opportunities and challenges:
๐น Business Entity Investigation
Many Louisiana small businesses operate as LLCs, corporations, or partnerships registered with the Louisiana Secretary of State. A business entity search can reveal the debtor’s ownership interests, registered agent information, and organizational documents. If the debtor personally guaranteed business debts, their individual assets (including community property) are at risk.
๐น Garnishing Business Income
If the debtor operates a business, various income streams can be garnished: customer payments, contract income, insurance proceeds, and other receivables. Serving garnishment on the debtor’s customers or clients can redirect incoming payments to the creditor. This is particularly effective for businesses with regular repeat customers or long-term contracts.
๐น Seizing Business Assets
Non-exempt business movable property โ equipment, inventory, vehicles, furniture โ can be seized and sold at judicial sale. Louisiana’s no-redemption-period advantage applies equally to business assets, making sales final and attractive to buyers. Commercial kitchen equipment, office furnishings, and specialized tools can all be reached through execution.
๐ Natural Disaster Considerations
Louisiana’s vulnerability to hurricanes and flooding creates unique considerations for judgment collection. Insurance proceeds from property damage are generally assignable and can be garnished if they exceed the debtor’s exempt property. Federal disaster assistance payments (FEMA) are typically exempt. After a major storm, the debtor’s asset picture may change dramatically โ property may be damaged or destroyed, insurance proceeds may create new collection opportunities, and the debtor’s employment situation may shift.
๐ก Practical Tips for Louisiana Creditors
๐น Work with Louisiana-Licensed Professionals
Louisiana’s unique civil law system means that forms, procedures, and terminology differ from every other state. Out-of-state creditors should strongly consider working with a Louisiana-licensed attorney or experienced collection professional who understands the parish system, civil law terminology, and specific procedural requirements. Common-law assumptions about procedure often do not apply in Louisiana.
๐น Monitor Oil and Gas Activity
If the debtor owns mineral rights or royalty interests, monitor production activity through the Louisiana Department of Natural Resources and the Office of Conservation. Active production means ongoing royalty income that can be garnished. New wells drilled on the debtor’s mineral acreage can create windfall income opportunities.
๐น Calendar the Reinscription Deadline
The 10-year reinscription requirement for judicial mortgages is the single most important deadline in Louisiana judgment collection. Set multiple calendar reminders beginning at least 12 months before each reinscription due date. Missing this deadline means losing your secured position on the debtor’s immovable property, potentially allowing the debtor to sell or refinance without satisfying your judgment.
โ Frequently Asked Questions
๐น How long do I have to collect a judgment in Louisiana?
You have 10 (renewable) years. Louisiana judgments are enforceable for 10 years and can be revived by filing an action to revive. Judicial mortgages (judgment liens) on immovable property must be reinscribed every 10 years to remain effective. Failure to reinscribe results in loss of the lien.
๐น What is the post-judgment interest rate in Louisiana?
Variable (judicial interest rate set by legislature) per year (variable rate (judicial interest)), under La. C.C. art. 2924 / La. R.S. 13:4202.
๐น Can I garnish wages in Louisiana?
Yes. Louisiana follows the federal CCPA limits for wage garnishment. The maximum is the lesser of 25% of disposable earnings or the amount by which weekly disposable earnings exceed 30 times the federal minimum wage. Louisiana uses the term garnishment for both wage and non-wage seizures.
๐น What is the homestead exemption?
Louisiana provides a homestead exemption of $35,000 in value on up to 5 acres within a municipality or 200 acres outside. For residents 65 or older or those with disabilities, the exemption increases to $75,000.
๐น Can I collect on a judgment from another state?
Yes. Domesticate the judgment in Louisiana first.
๐น What if the debtor has moved?
Louisiana skip tracing can locate debtors who have moved.
๐น How do I find the debtor’s bank accounts?
A professional asset search can identify financial institutions where the debtor holds accounts.
๐น What if the debtor has no assets?
A “judgment-proof” debtor’s status is rarely permanent. People acquire new jobs, property, and inheritances. With 10 (renewable)-year enforcement, patience and periodic asset searches often pay off.
๐น What happens if the debtor files for bankruptcy?
Bankruptcy triggers an automatic stay halting all collection. Learn more: investigating debtors in bankruptcy.
โ๏ธ Ready to Collect Your Louisiana Judgment?
Professional skip tracing and asset search services across all 64 Louisiana parishes.
๐ผ Start Your Judgment Recovery๐ Get Professional Help
Whether you need to locate a judgment debtor, discover hidden assets, or identify a debtor’s employer, professional services dramatically improve recovery rates.
Services supporting Louisiana judgment collection:
โ Skip Tracing Services โ Locate debtors who have moved or are avoiding collection
โ Asset Search Services โ Identify real property, vehicles, businesses, and financial assets
โ Employer Locate โ Find the debtor’s current employer for wage garnishment
โ Judgment Debtor Location โ Specialized searches for disappeared debtors
โ Judgment Recovery Services โ Comprehensive judgment collection support
Last updated . Consult a licensed Louisiana attorney for advice specific to your situation.
