reglab/housing_qa huggingface dataset:
LA Code Civ Pro art. 3432.1 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3432.1. Affidavit for small succession for a person domiciled outside of Louisiana who died testate; contents

  A. When it is not necessary under the provisions of Article 3431 to open judicially a small succession, at least two persons, including the surviving spouse, if any, and one or more competent legatees of the deceased, may execute one or more multiple originals of an affidavit, duly sworn before any officer or person authorized to administer oaths in the place where the affidavit is executed, setting forth all of the following:  (1) The date of death of the deceased, and his domicile at the time thereof.  (2) The fact that the deceased died testate.  (3) The marital status of the deceased, the location of the last residence of the deceased, and the name of the surviving spouse, if any, and the surviving spouse's address, domicile, and location of last residence, together with the names and last known addresses of the legal heirs of the deceased, and identifying those of the legal heirs who are also forced heirs of the deceased.  (4) The names and last known addresses of the legatees of the deceased, and the statement that a legatee not signing the affidavit was given ten days notice by U.S. mail of the affiants' intent to execute an affidavit for small succession and did not object.  (5) A description of the property left by the deceased, including whether the property is community or separate, and which, in the case of immovable property, must be sufficient to identify the property for purposes of transfer.  (6) A showing of the value of each item of property subject to the jurisdiction of the courts of Louisiana, and the aggregate value of all such property, at the time of the death of the deceased.  (7) A statement describing the respective interests in the property which each legatee has inherited and whether a legal usufruct of the surviving spouse attaches to the property.  (8) An attachment consisting of certified copies of the testament and, if the testament has been probated by court order of another state, the probate order of the other state.  (9) An affirmation that, by signing the affidavit, the affiant, if a legatee, has accepted the legacy of the deceased.  (10) An affirmation that, by signing the affidavit, the affiants swear under penalty of perjury that the information contained in the affidavit is true, correct, and complete to the best of their knowledge, information, and belief.  B. If the deceased had no surviving spouse, the affidavit must be signed by at least two persons who have actual knowledge of the matters stated therein.  C. In addition to the powers of a natural tutor otherwise provided by law, a natural tutor may also execute the affidavit on behalf of a minor child without the necessity of filing a petition pursuant to Article 4061.  Acts 2012, No. 618, §1, eff. June 7, 2012; Acts 2020, No. 173, §1.
LA Code Civ Pro art. 3433 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3433. Repealed by Acts 2009, No. 81 , §2, eff. June 18, 2009.

§3433. Repealed by Acts 2009, No. 81, §2, eff. June 18, 2009.
LA Code Civ Pro art. 3434 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3434. Endorsed copy of affidavit authority for delivery of property

  A. A multiple original of the affidavit authorized by Article 3432 or 3432.1, shall be full and sufficient authority for the payment or delivery of any money or property of the deceased described in the affidavit to the heirs or legatees of the deceased and the surviving spouse in community, if any, in the percentages listed therein, by any federally insured depository institution, financial institution, trust company, warehouseman, or other depositary, or by any person having such property in his possession or under his control. Similarly, a multiple original of an affidavit satisfying the requirements of this Article shall be full and sufficient authority for the transfer to the heirs or legatees of the deceased, and surviving spouse in community, if any, or to their assigns, of any stock or registered bonds in the name of the deceased and described in the affidavit, by any domestic or foreign corporation.  B. The receipt of the persons named in the affidavit as heirs or legatees of the deceased, or surviving spouse in community thereof, constitutes a full release and discharge for the payment of money or delivery of property made under the provisions of this Article. Any creditor, heir, legatee, succession representative, or other person whatsoever shall have no right or cause of action against the person paying the money, or delivering the property, or transferring the stock or bonds, under the provisions of this Article, on account of such payment, delivery, or transfer.  C.(1) A multiple original of the affidavit, to which has been attached a certified copy of the deceased's death certificate, shall be recorded in the conveyance records in the office of the clerk of court in the parish where any immovable property described therein is situated, after at least ninety days have elapsed from the date of the deceased's death.  (2) An affidavit so recorded, or a certified copy thereof, shall be admissible as evidence in any action involving immovable property to which it relates or is affected by the instrument, and shall be prima facie evidence of the facts stated therein, including the relationship to the deceased of the parties recognized as heir, legatee, surviving spouse in community, or usufructuary as the case may be, and of their rights in the immovable property of the deceased.  (3) An action by a person who claims to be a successor of a deceased person, but who has not been recognized as such in an affidavit authorized by Article 3432 or 3432.1, to assert an interest in property formerly owned by the deceased, against a third person who has acquired an interest in the property, or against his successors by onerous title, is prescribed two years from the date of the recording of the affidavit in accordance with this Paragraph.  Amended by Acts 1974, No. 524, §1; Acts 2009, No. 81, §1, eff. June 18, 2009; Acts 2011, No. 323, §1, eff. June 29, 2011; Acts 2021, No. 44, §2, eff. June 1, 2021.
LA Code Civ Pro art. 3441 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3441. Acceptance without administration; procedure

Except as otherwise provided by law, all of the rules applicable to the judicial opening of a succession, and its acceptance by the heirs or legatees without an administration, apply to the small succession.
LA Code Civ Pro art. 3442 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3442. Administration of successions; procedure

Except as otherwise provided by law, all of the rules applicable to the judicial opening of a succession, its administration, and sending the heirs or legatees into possession on its termination apply to the small succession.
LA Code Civ Pro art. 3443 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3443. Sale of succession property; publication of notice of sale

Notice of the public sale of property, movable or immovable, by the succession representative of a small succession shall be published once and only in the parish where the succession is pending, and the property shall be sold not less than ten days nor more than fifteen days after publication.  Notice of the application of the succession representative of a small succession to sell succession property, movable or immovable, at private sale shall be published once and only in the parish where the succession proceeding is pending, and shall state that any opposition to the proposed sale must be filed within ten days of the date of publication.
LA Code Civ Pro art. 3501 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3501. Petition; affidavit; security

A writ of attachment or of sequestration shall issue only when the nature of the claim and the amount thereof, if any, and the grounds relied upon for the issuance of the writ clearly appear from specific facts shown by the petition verified by, or by the separate affidavit of, the petitioner, his counsel or agent. The applicant shall furnish security as required by law for the payment of the damages the defendant may sustain when the writ is obtained wrongfully.
LA Code Civ Pro art. 3502 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3502. Issuance of writ before petition filed

A writ of attachment or of sequestration may issue before the petition is filed, if the plaintiff obtains leave of court and furnishes the affidavit and security provided in Article 3501. In such a case the petition shall be filed on the first judicial day after the issuance of the writ of attachment or of sequestration, unless for good cause shown the court grants a longer delay.
LA Code Civ Pro art. 3503 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3503. Garnishment under writs of attachment or of sequestration

Except as otherwise provided by law and in the second paragraph of this article, garnishment under a writ of attachment or of sequestration is governed by the rules applicable to garnishment under a writ of fieri facias.  In garnishment under a writ of sequestration the only property that can be seized is property the ownership or possession of which is claimed by the plaintiff or on which he claims a privilege.
LA Code Civ Pro art. 3504 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3504. Return of sheriff; inventory

The sheriff, after executing a writ of attachment or of sequestration, shall deliver to the clerk of the court from which the writ issued a written return stating the manner in which he executed the writ. He shall annex to the return an inventory of the property seized.
LA Code Civ Pro art. 3505 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3505. Reduction of excessive seizure

If the value of the property seized under a writ of attachment or of sequestration exceeds what is reasonably necessary to satisfy the plaintiff's claim, the defendant by contradictory motion may obtain the release of the excess.
LA Code Civ Pro art. 3506 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3506. Dissolution of writ; damages

The defendant by contradictory motion may obtain the dissolution of a writ of attachment or of sequestration, unless the plaintiff proves the grounds upon which the writ was issued. If the writ of attachment or of sequestration is dissolved, the action shall then proceed as if no writ had been issued. The court may allow damages for the wrongful issuance of a writ of attachment or of sequestration on a motion to dissolve, or on a reconventional demand. Attorney's fees for the services rendered in connection with the dissolution of the writ may be included as an element of damages whether the writ is dissolved on motion or after trial on the merits.
LA Code Civ Pro art. 3507 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3507. Release of property by defendant; security

A defendant may obtain the release of the property seized under a writ of attachment or of sequestration by furnishing security for the satisfaction of any judgment which may be rendered against him.
LA Code Civ Pro art. 3507.1 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3507.1. Release of property by plaintiff; security

Property seized under a writ of attachment or of sequestration may be released to the plaintiff upon proof of his ownership and upon furnishing security as required by Article 3508. All costs incurred as a result of the seizure shall be paid by the plaintiff prior to the release of the property. A written agreement to hold the seizing authority harmless for wrongful seizure of property which is not seized to enforce a security interest, mortgage, lien or privilege may be substituted in lieu of security at the discretion of the sheriff. Acts 1985, No. 593, §1; Acts 1989, No. 137, §18, eff. Sept. 1, 1989.
LA Code Civ Pro art. 3508 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3508. Amount of security for release of attached or sequestered property

The security for the release of property seized under a writ of attachment or of sequestration shall exceed by one-fourth the value of the property as determined by the court, or shall exceed by one-fourth the amount of the claim, whichever is the lesser.
LA Code Civ Pro art. 3509 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3509. Release of property by third person

When property seized under a writ of attachment or of sequestration is in the possession of one not a party to the action, he may intervene in the action and, upon prima facie showing that he is the owner, pledgee, or consignee of the property, have the property released by furnishing security in the manner and amount, within the same delay, and with the same effect as a defendant.
LA Code Civ Pro art. 3510 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3510. Necessity for judgment and execution

Except as provided in Article 3513, a final judgment must be obtained in an action where a writ of attachment or of sequestration has issued before the property seized can be sold to satisfy the claim.
LA Code Civ Pro art. 3511 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3511. Attachment and sequestration; privilege

To the extent not otherwise provided under Chapter 9 of the Louisiana Commercial Laws (R.S. 10:9-101, et seq.), a creditor who seizes property under a writ of attachment or of sequestration acquires a privilege from the time of seizure if judgment is rendered maintaining the attachment or sequestration. Acts 1989, No. 137, §18, eff. Sept. 1, 1989.
LA Code Civ Pro art. 3512 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3512. Release of plaintiff's security

The security required of the plaintiff for the issuance of a writ of attachment or of sequestration shall be released when judgment is rendered in his favor and is affirmed on appeal or when no appeal has been taken and the delay for appeal has elapsed.
LA Code Civ Pro art. 3513 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3513. Sale of perishable property

Perishable property seized under a writ of attachment or of sequestration 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. Nothing contained herein shall be construed to prohibit the release of such property upon furnishing of security.
LA Code Civ Pro art. 3514 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3514. Release not to affect right to damages

The release of property upon furnishing security under Articles 3507, 3509, or 3576 shall not preclude a party from asserting the invalidity of the seizure, or impair his right to damages because of a wrongful seizure.
LA Code Civ Pro art. 3541 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3541. Grounds for attachment

A writ of attachment may be obtained when the defendant:  (1) Has concealed himself to avoid service of citation;  (2) Has granted a security interest under Chapter 9 of the Louisiana Commercial Laws (R.S. 10:9-101, et seq.), or has mortgaged, assigned, or disposed of his property or some part thereof, or is about to do any of these acts, with intent to defraud his creditors or give an unfair preference to one or more of them;  (3) Has converted or is about to convert his property into money or evidences of debt, with intent to place it beyond the reach of his creditors;  (4) Has left the state permanently, or is about to do so before a judgment can be obtained and executed against him; or  (5) Is a nonresident who has no duly appointed agent for service of process within the state. Acts 1989, No. 137, §18, eff. Sept. 1, 1989.
LA Code Civ Pro art. 3542 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3542. Actions in which attachment can issue

A writ of attachment may be obtained in any action for a money judgment, whether against a resident or a nonresident, regardless of the nature, character, or origin of the claim, whether it is for a certain or uncertain amount, and whether it is liquidated or unliquidated.
LA Code Civ Pro art. 3543 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3543. Issuance of a writ of attachment before debt due

A writ of attachment may be obtained before the debt sued upon is due. If the debt is paid when it becomes due, the costs of the seizure shall be paid by the plaintiff.
LA Code Civ Pro art. 3544 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3544. Plaintiff's security

The security required for the issuance of a writ of attachment shall be for the amount of the plaintiff's demand, exclusive of interest and costs. If the writ is obtained on the sole ground that the defendant is a nonresident, the security shall not exceed two hundred fifty dollars, but on proper showing the court may increase the security to any amount not exceeding the amount of the demand.
LA Code Civ Pro art. 3545 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3545. Nonresident attachment; venue

An action in which a writ of attachment is sought on the sole ground that the defendant is a nonresident may be brought in any parish where the property to be attached is situated.
LA Code Civ Pro art. 3571 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3571. Grounds for sequestration

When one claims the ownership or right to possession of property, or a mortgage, security interest, lien, or privilege thereon, he may have the property seized under a writ of sequestration, if it is within the power of the defendant to conceal, dispose of, or waste the property or the revenues therefrom, or remove the property from the parish, during the pendency of the action. Acts 1989, No. 137, §18, eff. Sept. 1, 1989.
LA Code Civ Pro art. 3572 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3572. Sequestration before rent due

A sequestration based upon a lessor's privilege may be obtained before the rent is due, if the lessor has good reason to believe that the lessee will remove the property subject to the lessor's privilege. If the rent is paid when it becomes due, the costs shall be paid by the plaintiff.
LA Code Civ Pro art. 3573 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3573. Sequestration by court on its own motion

The court on its own motion may order the sequestration of property the ownership of which is in dispute without requiring security when one of the parties does not appear to have a better right to possession than the other.
LA Code Civ Pro art. 3574 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3574. Plaintiff's security

An applicant for a writ of sequestration shall furnish security for an amount determined by the court to be sufficient to protect the defendant against any damage resulting from a wrongful issuance, unless security is dispensed with by law.
LA Code Civ Pro art. 3575 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3575. Lessor's privilege

A writ of sequestration to enforce a lessor's privilege shall issue without the furnishing of security.
LA Code Civ Pro art. 3576 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3576. Release of property under sequestration

If the defendant does not effect the release of property seized under a writ of sequestration, as permitted by Article 3507, within ten days of the seizure, the plaintiff may effect the release thereof by furnishing the security required by Article 3508.
LA Code Civ Pro art. 3601 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3601. Injunction, grounds for issuance; preliminary injunction; temporary restraining order

  A. An injunction shall be issued in cases where irreparable injury, loss, or damage may otherwise result to the applicant, or in other cases specifically provided by law; provided, however, that no court shall have jurisdiction to issue, or cause to be issued, any temporary restraining order, preliminary injunction, or permanent injunction against any state department, board, or agency, or any officer, administrator, or head thereof, or any officer of the state of Louisiana in any suit involving the expenditure of public funds under any statute or law of this state to compel the expenditure of state funds when the director of such department, board, or agency or the governor shall certify that the expenditure of such funds would have the effect of creating a deficit in the funds of said agency or be in violation of the requirements placed upon the expenditure of such funds by the legislature.  B. No court shall issue a temporary restraining order in cases where the issuance shall stay or enjoin the enforcement of a child support order when the Department of Children and Family Services is providing services, except for good cause shown by written reasons made a part of the record.  C. During the pendency of an action for an injunction the court may issue a temporary restraining order, a preliminary injunction, or both, except in cases where prohibited, in accordance with the provisions of this Chapter.  D. Except as otherwise provided by law, an application for injunctive relief shall be by petition.  E. The irreparable injury, loss, or damage enumerated in Paragraph A of this Article may result from the isolation of an individual over the age of eighteen years by any other individual, curator, or mandatary, including but not limited to violations of Civil Code Article 2995 or Code of Civil Procedure Article 4566(J).  Amended by Acts 1969, No. 34, §2; Acts 2004, No. 765, §1, eff. July 6, 2004; Acts 2016, No. 110, §2, eff. May 19, 2016.
LA Code Civ Pro art. 3602 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3602. Preliminary injunction; notice; hearing

A preliminary injunction shall not issue unless notice is given to the adverse party and an opportunity had for a hearing. An application for a preliminary injunction shall be assigned for hearing not less than two nor more than ten days after service of the notice.
LA Code Civ Pro art. 3603 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 3603. Temporary restraining order; affidavit or affirmation of irreparable injury and notification efforts

  A. A temporary restraining order shall be granted without notice when all of the following occur:  (1) It clearly appears from specific facts shown by a verified petition, by supporting affidavit, or by affirmation as provided in Article 3603.1(C)(3) that immediate and irreparable injury, loss, or damage will result to the applicant before the adverse party or his attorney can be heard in opposition.  (2) The applicant's attorney certifies to the court in writing the efforts which have been made to give the notice or the reasons supporting his claim that notice should not be required.  B. The verification or the affidavit may be made by the plaintiff, or by his counsel, or by his agent.  C. No court shall issue a temporary restraining order in cases where the issuance shall stay or enjoin the enforcement of a child support order when the Department of Children and Family Services is providing services, except for good cause shown by written reasons made a part of the record.  Acts 1997, No. 1156, §2; Acts 1999, No. 1200, §4, Acts 2001, No. 430, §1; Acts 2003, No. 750, §1; Acts 2004, No. 502, §1; Acts 2021, No. 394, §1.