reglab/housing_qa huggingface dataset:
LA Rev Stat § 13:3885 (2021)
2021 Louisiana Laws|Revised Statutes|Title 13 - Courts and Judicial Procedure|§3885. Chattel mortgage; adequate description; other security agreements; exception to exemption from seizure

RS 3885 - Chattel mortgage; adequate description; other security agreements; exception to exemption from seizure  A person who has granted a chattel mortgage containing an adequate description pursuant to R.S. 9:5352 on property provided for in R.S. 13:3881(A)(2) or (4) may not claim an exemption from a seizure to enforce that mortgage. A minor technical error in description shall not render the description inadequate for purposes of this Section, if the description is otherwise adequate for identification of the property. In addition, a person granting a security interest under Chapter 9 of the Louisiana Commercial Laws (R.S. 10:9-101, et seq.) on property subject to R.S. 13:3881(A)(2) or (4) may not claim an exemption from a seizure to enforce that security interest.  Acts 1983, Act No. 56, §1; Acts 1989, No. 137, §8, eff. Sept. 1, 1989.
LA Rev Stat § 13:3886.1 (2021)
2021 Louisiana Laws|Revised Statutes|Title 13 - Courts and Judicial Procedure|§3886.1. Failure to notify

RS 3886.1 - Failure to notify  A. The failure to notify any lienholder or other interested person having an interest in the property shall not affect the rights of the seizing creditor nor invalidate the sheriff's sale; nor shall any lien, privilege, or other encumbrance that is inferior to the rank of the lien of the seizing creditor affect the property after the sheriff's adjudication. The exclusive remedy for any person affected by the provisions of this Subsection shall be to institute a claim by summary pleadings, within one year from the date of the sheriff's adjudication, proving that he has been damaged by the failure to notify him. In connection with any such claim, the court shall consider and the person claiming damages shall have the burden of proving all of the following:  (1) That his name and address were reasonably ascertainable through the exercise of reasonable diligence.  (2) That he lacked actual knowledge of the seizure.  (3) The respective ranking and amounts of all liens, privileges, and other encumbrances affecting the property as of the date of the sheriff's adjudication.  (4) The value of such respective rights.  (5) The value of the property as of the date of the sheriff's adjudication.  (6) The respective positions the parties would have occupied had the required notice been given.  (7) His ability and capacity to have obtained funds to purchase the property at the foreclosure sale had the required notice been given.  (8) That in such circumstances he would have bid on the property in such an amount as to have prevented him from suffering the alleged damages, either by such bid being successful or by such bid leading to a higher bid by another party.  B. In no event shall the claim of any such person exceed the value of the interest he possessed on the date of the sheriff's adjudication.  C. The provisions of this Section shall be applied both retrospectively and prospectively; however, any action for which the time period for bringing such action would otherwise be shortened by the provisions hereof shall be instituted within one year from July 17, 1991, and any suit not instituted within that time and any claims relating thereto shall be forever barred.  Acts 1991, No. 662, §3, eff. July 17, 1991.
LA Rev Stat § 13:3887 (2021)
2021 Louisiana Laws|Revised Statutes|Title 13 - Courts and Judicial Procedure|§3887. Request for notice of assessment on specific property

RS 3887 - Request for notice of assessment on specific property  A. Any mortgagee desiring to be notified in the event specific immovable property is assessed by a local governmental entity shall file a request for notice of assessment in the mortgage records of the parish where the immovable property is located. The request for notice of assessment shall state the legal description of the immovable property, the owner of the property, and the name and address of the person desiring notice of assessment. The mortgagee desiring notice of an assessment shall pay the sum of ten dollars to the clerk of court, or the recorder of mortgages for the parish of Orleans, for deposit in the office general fund, to defray the cost of providing the notice of assessment as hereinafter provided.  B. In the event of assessment of immovable property for improvements, the clerk of court or the recorder of mortgages for the parish of Orleans shall notify, within thirty days of the filing of the assessment, those mortgagees requesting notice of the assessment. The notice of assessment shall be by certified mail or actual delivery.  C. Neither the clerk of court nor the recorder of mortgages for the parish of Orleans, nor any of their officers, agents, or employees shall be held liable if a reasonable attempt has been made to mail or deliver the notice to the address provided in the request.  Acts 1988, No. 847, §1.
LA Rev Stat § 13:3888 (2021)
2021 Louisiana Laws|Revised Statutes|Title 13 - Courts and Judicial Procedure|§3888. Filing of notice of seizure; effect of subsequent acts and cancellation of notice

RS 3888 - Filing of notice of seizure; effect of subsequent acts and cancellation of notice  A. Upon the sheriff's filing of the notice of seizure required by Article 2293 of the Code of Civil Procedure, no sale, contract, counter letter, privilege, lien, mortgage, judgment, surface lease, oil, gas, or mineral lease, or other instrument or writing relating to or purporting to affect immovable property that has not been filed previously for registry shall effectively create, transfer, or encumber any interest in the immovable property under seizure. Following the registry of the sheriff's deed, any such instrument or writing that may have been filed after the filing of the notice of seizure shall be cancelled by the clerk of court upon the request by affidavit of any interested party. However, if the notice of seizure is cancelled other than as a result of the ensuing sheriff's sale, all such acts shall thereupon be accorded such effect as the law would have allowed if the notice of seizure had never been filed.  B. This Section shall not prevent the effective reinscription or preservation of a mortgage, privilege, or other right that arises under or is evidenced by an instrument which had been duly filed for registry before filing of the notice of seizure or the effective exercise of a right or option that arises under or is evidenced by such an instrument.  Acts 1991, No. 662, §3, eff. July 17, 1991; Acts 1992, No. 533, §1.
LA Rev Stat § 13:3889 (2021)
2021 Louisiana Laws|Revised Statutes|Title 13 - Courts and Judicial Procedure|§3889. Writ execution; prohibited agreements

RS 3889 - Writ execution; prohibited agreements  A. The legislature finds that inequities and injustices are resulting due to the refusal of sheriffs to seize certain immovable property despite issuance of a writ of fieri facias or seizure and sale directing the sheriff to seize the property, without the advance grant of blanket indemnification and notwithstanding the final payment of fees.  B. The legislature declares null and void and against the public policy of this state, any provision or requirement of any agreement which purports to provide for the defense, indemnification or other relief of liability on behalf of any sheriff directed to seize property under any writs of fieri facias, seizure and sale, or other writ, issued by a court of competent jurisdiction or venue, commanding and directing that the property be seized. Acts 1992, No. 591, §1.
LA Rev Stat § 13:3911 (2021)
2021 Louisiana Laws|Revised Statutes|Title 13 - Courts and Judicial Procedure|§3911. §§3911, 3912 Repealed by Acts 1960, No. 32, §2, eff. Jan. 1, 1961

RS 3911 - §§3911, 3912 Repealed by Acts 1960, No. 32, §2, eff. Jan. 1, 1961
LA Rev Stat § 13:3913 (2021)
2021 Louisiana Laws|Revised Statutes|Title 13 - Courts and Judicial Procedure|§3913. No particular sequence of sheriff's acts required in garnishment proceeding

RS 3913 - No particular sequence of sheriff's acts required in garnishment proceeding A. Nothing in the Code of Civil Procedure or in any other law shall be construed to require in a garnishment proceeding any particular sequence or order in which the sheriff serves on the garnishee the citation, copy of the petition, garnishment interrogatories, and notice of seizure, and in which he seizes the property and takes an inventory thereof. B. 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. Added by Acts 1960, No. 32, §6, eff. Jan. 1, 1961; Acts 1999, No. 887, §2.
LA Rev Stat § 13:3914 (2021)
2021 Louisiana Laws|Revised Statutes|Title 13 - Courts and Judicial Procedure|§3914. Service of garnishment process on nonresident doing business in this state who has not appointed agent for service of process

RS 3914 - Service of garnishment process on nonresident doing business in this state who has not appointed agent for service of process  When the garnishee is a nonresident who is doing business in this state, but has not appointed an agent for the service of process therein, and who is absent from his place of business in this state at the time the particular service is attempted to be made on him there, the citation, petition, garnishment interrogatories, notice of seizure, and all other pleadings and notices in the garnishment proceeding, may be served on any of his agents or employees of suitable age and discretion at this place of business, with the same legal force and validity as if served on him personally.  This section applies to any garnishment made under any provision of the Louisiana Code of Civil Procedure or of R.S. 13:3921 through 13:3927. The definition of "nonresident" in Article 5251(11) of the Louisiana Code of Civil Procedure applies equally to this Section.  Added by Acts 1964, No. 47, §4.
LA Rev Stat § 13:3921 (2021)
2021 Louisiana Laws|Revised Statutes|Title 13 - Courts and Judicial Procedure|§3921. Judgment fixing portion subject to seizure, payment to creditor and processing fee

RS 3921 - Judgment fixing portion subject to seizure, payment to creditor and processing fee  A. In every case in which the wage or salary of a laborer, wage earner, artisan, mechanic, engineer, fireman, carpenter, bricklayer, secretary, bookkeeper, clerk, employee on a commission basis, or employee of any nature and kind whatever, whether skilled or unskilled, shall be garnished either under attachment or fieri facias or as otherwise provided by law, a judgment shall be rendered by the court of competent jurisdiction in which the garnishment proceedings may be pending fixing the portion of such wage, salary, commission, or other compensation as may be exempt, as provided by law, and providing for the payment to the sheriff, marshal, or constable for processing prior to payment to the seizing creditor of whatever sum for which judgment may be obtained, out of the portion of such compensation which is not exempt. The sheriff, marshal, or constable shall apply and deduct their commission percentage as authorized by law from each garnishment payment upon receipt prior to remitting each payment to the seizing creditor.  B. Prior to releasing or terminating any garnishment under this Part because of amounts due under the garnishment have been paid or because the amount due as reflected in the statement furnished pursuant to R.S. 13:3923 has been reached, the garnishee or the sheriff, marshal, or constable shall make a reasonable effort to contact the seizing creditor, and obtain the current balance due.  C. The court shall also provide in the judgment for a processing fee of three dollars to be deducted by the employer from the nonexempt income of the employee for each pay period during which the judgment of garnishment is in effect. The processing fee shall be for the costs of the employer in complying with the judgment of garnishment.  D. In garnishment proceedings in which the employee is a state officer or employee, the processing fee provided by Subsection C of this Section shall be paid into the state treasury and, in accordance with Article VII, Section 9 of the Constitution of Louisiana, shall be credited to the Bond Security and Redemption Fund.  Acts 1987, No. 777, §1; Acts 1992, No. 984, §4; Acts 2018, No. 261, §1.
LA Rev Stat § 13:3922 (2021)
2021 Louisiana Laws|Revised Statutes|Title 13 - Courts and Judicial Procedure|§3922. Hearing; evidence; prior acts

RS 3922 - Hearing; evidence; prior acts  A judgment may be rendered by the court in which a garnishment proceeding is pending, with or without a hearing, if all competent evidence is presented to determine the amount of the person's earnings or the amount of any other assets, or both, and the court is satisfied of the existence of any judgment, writ of garnishment, or sale, transfer, or assignment of earnings, which remains unsatisfied. If any such act exists, it shall prime in enforcement any subsequent judgment, writ of garnishment, or sale, transfer, or assignment of earnings, and shall be satisfied out of the nonexempt portion of disposable earnings.  Acts 1988, No. 971, §1.
LA Rev Stat § 13:3923 (2021)
2021 Louisiana Laws|Revised Statutes|Title 13 - Courts and Judicial Procedure|§3923. One writ and one set of interrogatories sufficient, statement of sums due to be furnished to garnishee; installment payments; reopening case; retention of jurisdiction; cessation of seizure by garnishment upon termination of employment

RS 3923 - One writ and one set of interrogatories sufficient, statement of sums due to be furnished to garnishee; installment payments; reopening case; retention of jurisdiction; cessation of seizure by garnishment upon termination of employment  It shall not be necessary that more than one writ of garnishment or one set of interrogatories be served in such cases, but the court shall render judgment for the monthly, semimonthly, weekly, or daily payments to be made to the seizing creditor according to the manner best suited to the circumstances, until the indebtedness is paid. The garnisher shall serve upon the garnishee the citation, the petition, the garnishment interrogatories, the notice of seizure, and a statement of sums due under the garnishment, such statement to include, but not be limited to, the principal, interest, court costs incurred to date, and attorney's fee due under the judgment. The court, in its discretion, may reopen the case upon the motion of any party concerned for evidence affecting the proper continuance of such judgment, and the court shall retain jurisdiction to amend or set aside its judgment at any time in its discretion; however, all effects of the seizure by garnishment shall cease upon the termination of employment of the debtor with the garnishee, unless the debtor is reinstated or reemployed within one hundred eighty days after the termination. Should judgment by default be taken against any party garnishee, he may obtain a reopening of the case upon proper showing and within the discretion of the court.  Amended by Acts 1976, No. 359, §1.
LA Rev Stat § 13:3924 (2021)
2021 Louisiana Laws|Revised Statutes|Title 13 - Courts and Judicial Procedure|§3924. Interrogatories

RS 3924 - Interrogatories  The interrogatories to be served upon the garnishee shall include a question, or questions, the answer to which shall inform the court as to whether or not the defendant in the suit is employed by the garnishee, and, if not, where and by whom the defendant is presently employed and residing, if known to the garnishee, and, if employed by the garnishee, what his rate of compensation is, in what manner it is paid, and whether or not there are other judgments or garnishments affecting such wage, salary or compensation, and, if so, the status thereof.  Amended by Acts 1982, No. 532, §1, eff. July 22, 1982.
LA Rev Stat § 13:3925 (2021)
2021 Louisiana Laws|Revised Statutes|Title 13 - Courts and Judicial Procedure|§3925. Indebtedness of employee to employer

RS 3925 - Indebtedness of employee to employer  A. If the employer answering such interrogatories should plead that the employee is indebted to the employer for other amounts due and owing, other than those specified in R.S. 13:3881, the employer shall make a full and complete disclosure of the status of such account to the creditor, in writing by certified mail, showing the time that the debt was incurred, the exact amount of the debt, the credits applied to the debt, the manner in which the debt is being liquidated as of the time of the service of the interrogatories, and all other pertinent facts. Thereafter, the seizing creditor shall have fifteen days to file an opposition to the court's consideration of the employee-employer debt as liquidated. Failure to file an opposition shall be considered a waiver of the seizing creditor's rights to oppose the court's consideration of the employee-employer debt as liquidated. If an opposition is filed with the court within the appropriate legal delays, the court may hear evidence affecting the issue of liquidation and shall render a judgment to determine whether the employee-employer debt should be considered liquidated, and thereby, allow payment to the employer of the non-exempt portion of the employee's salary, wage or commission at a specified rate in the same manner as if the employer were a judgment creditor having a prior garnishment.  B. It is the stated intention of this Section that the employer shall be presumed to be one holding a prior garnishment. It is the further intention of this Section, once an employee-employer debt is considered liquidated, either by waiver or judgment, that the retirement of such indebtedness be limited in the time within which such indebtedness should be considered paid and other equitable matters which the judge may consider so that the employee-employer debt be paid in full in order that other garnishments may attach.  C. The provisions of this Section shall not grant a preference over the enforcement of child support.  Acts 1991, No. 156, §1.
LA Rev Stat § 13:3926 (2021)
2021 Louisiana Laws|Revised Statutes|Title 13 - Courts and Judicial Procedure|§3926. Employee working on commission

RS 3926 - Employee working on commission  If in response to such interrogatories the employer sets forth that the employee works on a commission basis, the employer shall make a full disclosure of the terms of employment, the amount of the commission and the method of payment of such commission and the dates on which settlements are made with the employee. The court thereupon shall render a judgment ordering a full accounting to be made at each date when such settlements are made and upon the filing of such accounting, the court shall fix the exempt portion and order the non-exempt portion paid in satisfaction of whatever judgment may be rendered.
LA Rev Stat § 13:3927 (2021)
2021 Louisiana Laws|Revised Statutes|Title 13 - Courts and Judicial Procedure|§3927. Deposit to cover fee of employer's attorney; costs; return of deposit

RS 3927 - Deposit to cover fee of employer's attorney; costs; return of deposit  Whenever a plaintiff suing out a writ of garnishment shall apply to the court for the issuance of such writ, the plaintiff shall deposit with the clerk of court the sum of fifteen dollars, as a fee for the attorney for the employer who answers such interrogatories. This sum may be charged and collected as other costs. If no answer is filed by the garnishee, within the time provided by law, the attorney's fee so deposited shall be returned to the seizing creditor. If the court in its discretion should rule that no fee should be charged to the costs by such attorney for the employer, the fee shall likewise be returned to the seizing creditor. If the court should rule that a fee greater than fifteen dollars should be assessed, the court may fix the amount of such fee, which shall be charged to the costs of the suit.  Amended by Acts 1976, No. 359, §1.
LA Rev Stat § 13:3928 (2021)
2021 Louisiana Laws|Revised Statutes|Title 13 - Courts and Judicial Procedure|§3928. Priority of judgment, decree, or order of support

RS 3928 - Priority of judgment, decree, or order of support  In any criminal or civil matter, a judgment, decree, order, or sentence of court, or a sale, transfer, or assignment of earnings by which a person is obligated to pay for the current or past due support, or both, of a child or children, or of a parent of a child or children if the Department of Children and Family Services is providing support enforcement services to the parent, shall prime in enforcement any prior or subsequent judgment, decree, order, or sentence of court, or sale, transfer, or assignment of earnings, and shall be satisfied out of the nonexempt portion of disposable earnings.  Added by Acts 1958, No. 479, §1. Amended by Acts 1980, No. 764, §8; Acts 1981, Ex.Sess., No. 36, §7, eff. Nov. 19, 1981.
LA Rev Stat § 13:3941 (2021)
2021 Louisiana Laws|Revised Statutes|Title 13 - Courts and Judicial Procedure|§3941. §§3941 to 3944 Repealed by Acts 1960, No. 32, §2, eff. Jan. 1, 1961

RS 3941 - §§3941 to 3944 Repealed by Acts 1960, No. 32, §2, eff. Jan. 1, 1961
LA Rev Stat § 13:3951 (2021)
2021 Louisiana Laws|Revised Statutes|Title 13 - Courts and Judicial Procedure|§3951. Exemption of wages earned out of state

RS 3951 - Exemption of wages earned out of state  Wages earned out of this state and payable out of this state shall be exempt from attachment or garnishment in all cases where the cause of action arose out of this state. The garnishees in such cases shall plead such exemption unless the defendant is actually served with the process.
LA Rev Stat § 13:3952 (2021)
2021 Louisiana Laws|Revised Statutes|Title 13 - Courts and Judicial Procedure|§3952. Repealed by Acts 1960, No. 32, §2, eff. Jan. 1, 1961

RS 3952 - Repealed by Acts 1960, No. 32, §2, eff. Jan. 1, 1961
LA Rev Stat § 13:3953 (2021)
2021 Louisiana Laws|Revised Statutes|Title 13 - Courts and Judicial Procedure|§3953. Suit by state, subdivision, board or political corporation; facts warranting affidavit for attachment

RS 3953 - Suit by state, subdivision, board or political corporation; facts warranting affidavit for attachment  Whenever any suit is hereafter filed by the State of Louisiana, or by any parish or other political subdivision thereof, or by any public board thereof, or by any political or public corporation created under or by the constitution or laws thereof, against any corporation, firm or individual to recover money or property alleged to have been obtained from the plaintiff by the defendant through fraud, or through rebates or overcharges in connection with any contract or transaction, and a writ of attachment is prayed for, the fact that it lies within the power of the defendant to mortgage, assign or dispose of his property, rights or credits, or some part thereof, or to convert his property into money or evidences of debt, during the pendency of the suit, shall be deemed sufficient to justify an affidavit by the plaintiff, for the purposes of obtaining such writ of attachment, that the defendant is about to mortgage, assign or dispose of his property, right or credits, or some part thereof, with intent to defraud his creditors, or is about to convert his property into money or evidences of debt, with intent to place it beyond the reach of his creditors.
LA Rev Stat § 13:3954 (2021)
2021 Louisiana Laws|Revised Statutes|Title 13 - Courts and Judicial Procedure|§3954. Repealed by Acts 1960, No. 32, §2, eff. Jan. 1, 1961

RS 3954 - Repealed by Acts 1960, No. 32, §2, eff. Jan. 1, 1961