Louisiana judgment records are documents containing information regarding court rulings after a legal proceeding. In Louisiana, judgment records are entered into the state court system. Like Louisiana court records, the public can access paper and electronic judgment records in the state by making requests at courthouses, court clerk offices, or other court-provided means. Typically, judgment files state the judgment entry dates, case facts, and the parties involved in the case. They also include the counties and courts where the judgments were entered, the case numbers, the court's decision, and monetary award (if applicable).
What is a Judgment?
According to the Louisiana Code of Civil Procedure Article 1841 (2019), "a judgment is the determination of the rights of the parties in an action and may award any relief to which the parties are entitled." In simpler terms, it is the court's decision after a hearing that defines the rights of each party, their obligations, and the court's reason for that ruling.
Court judgments come in various forms and become valid when a competent judge gives the final verdict. Some examples of final judgments in Louisiana courts are summary judgments, default judgments, consent judgments, declaratory judgments, deficiency judgments, and judgments on pleadings. Some court rulings are initially made orally. However, as stipulated in Article 1911 of the Code of Civil Procedure, the court's final judgment must be filed with the court clerk. It must contain the presiding judge's name (printed or typewritten) and signature. Also, the provisions of Article 1913 make it mandatory for each party in a case to be notified of the final judgment. The court's clerk must mail copies of the judgment file to the concerned parties even if they were absent during the hearing and a default judgment was taken.
Louisiana Judgment Laws
The Code of Civil Procedure outlines Louisiana's judgment laws. These laws regulate the rendering of verdicts, their entry into the judicial system, enforcement, and procedure for collecting a judgment.
What is Judgment Lien?
A Louisiana judgment lien is a decision rendered by a competent court that authorizes a party (the creditor) to assume ownership of another party's (debtor) personal or real estate property. The creditor executes the lien, also called - abstract of judgment if the debtor defaults in their payment obligation of satisfying a court's ruling.
A judgment lien can be made against a business or an individual. The creditor does not require the debtor's consent when attaching a lien to their property.
What is a Louisiana Summary judgment?
A Louisiana summary judgment is a court's final ruling favoring one party against an opposing party before a trial judgment. Usually, a plaintiff in a lawsuit requests a summary judgment. Courts often make summary judgments when the facts of a case are indisputable, and there are no genuine reasons for further trial. Summary judgments are final, and the cases cannot be heard in trial courts. Nevertheless, a party can appeal the decision in a higher court.
What is A Summary Judgment Motion In Louisiana?
When a party in a case requests a summary judgment from a court, it is called a summary judgment motion. According to the Code of Civil Procedure Article 966, a plaintiff or defendant may file for the motion at any time. Summary judgment motions help courts to make quick and inexpensive decisions. Per the law, motions for summary judgments must be filed according to the provisions of Article 1313 at least 65 days to the trial date. Also, the litigant must file all supporting documents relevant to the case with the court at least 15 days before the hearing. They must also file any reply memorandum with the court not less than five days to the hearing. However, litigants cannot submit additional documents with the reply memorandum.
Typically, the court clerk notifies all parties about a motion for summary judgment at least 30 days to the hearing date. The court sets a date for a contradictory hearing on the motion not later than 30 days after the motion is filed and at most thirty days before the hearing. Louisiana courts must render judgments summary motions at least 20 days to the original trial.
Louisiana Judgment Record Search
A Louisiana resident can access public records, including judgment records, even if the inquirer is not a party in a lawsuit by visiting the courthouse where the case was heard. Most Louisiana courts provide electronic access at the courthouses, which inquirers can view using electronic devices like tablets or smartphones. They may also view the judgment records on computers at the courthouse. Usually, the inquirer must provide case-specific information like the case number or a name to get results.
Also, inquirers can use the case search tools on Louisiana courts' websites to search judgment records remotely. However, some records may be sealed and unavailable for public scrutiny, depending on the case. In such cases, only concerned parties can view the files remotely. Public terminals at courthouses may provide access to such records, but this does not apply to all cases.
How Do I Look Up a Judgment In Louisiana?
In Louisiana, a person interested in looking up a judgment record can visit the court clerk's office where the case was filed to copy or see the judgment document. Also, inquirers can view electronic copies of the documents by visiting the courthouses and using their public access computers on-site.
In addition, an interested person who is not a litigant in a case can obtain judgment records via mail or email on request. Usually, courts make request forms available on their websites or give request instructions. For instance, Shreveport residents can retrieve judgment records by following the City Court guideline for public records requests. Interested parties can search the locations and contact information of various courthouses to make inquiries.
What Happens if You Have a Judgment Against You in Louisiana?
If a Louisiana court makes a ruling against a party, the losing party (judgment debtor) must adhere to the judgment. For monetary judgments, the debtor must pay the total amount to the other party (judgment creditor). Article 2291 of the Louisiana Code of Civil Procedure stipulates that money judgments can be executed through a writ of fieri facias. The writ authorizes law enforcement to seize and sell the debtor's property to satisfy the judgment. If the judgment concerns a property, the debtor must vacate the property (if it is immovable) or allow the creditor to take it. Typically, the court issues a writ of possession against the debtor in such cases.
How Do I Find Out If I Have Any Judgments Against Me In Louisiana?
It is easy for Louisiana residents to know if there are any existing judgments against them. Typically, court clerks notify judgment debtors about the court's ruling via mail. However, the debtor may not receive the judgment notice either due to a change in address or a discarded mail. If such happens, the interested party can contact the court clerk in their locality to retrieve any judgment against them.
How Long Does A Judgment Stay On Your Record?
Louisiana judgments are permanent. Hence any judgment entered against an individual stays in their official court record. However, some files are considered confidential by law and are sealed to limit public access.
Generally, judgments rendered in Louisiana continue to reflect on subjects' credit reports for 7 years or until the statute of limitation expires. Therefore, a person can find it challenging to access utilities, credit cards, or other forms of financing.
How To Enforce A Judgment In Louisiana
After a Louisiana court passes judgment, the winning party has the right to enforce the collection of the property or money awarded to them in the lawsuit. Sometimes, the debtor pays up immediately, fulfilling their legal obligation and satisfying the judgment. In other cases, the creditor will need to take specific actions to enforce the court's ruling.
For example, as stipulated in Article 2253 of the Code of Civil Procedure, a judgment creditor can request a writ from the court clerk, instructing the sheriff to enforce the judgment. Article 2254 authorizes a sheriff executing a writ to seize the debtor's property to satisfy the judgment and return the writ to the clerk. In that case, the debtor will not be pre-informed and cannot hold the sheriff liable if any wrongful seizure occurs. Alternatively, as stipulated in Article 2411, the judgment creditor can request a writ of fieri facias, mandating a third party (garnishee) such as the debtor's employer or bank to pay the judgment creditor the owed amount.
How To Collect A Judgment In Louisiana
Collecting a judgment in Louisiana is similar to enforcing it. Judgment collection refers to the efforts a winner in a court case will make to ensure that the losing party (the debtor) returns a property under formal dispute or pays the money due. Actions that creditors can take include freezing the other party's bank account, attaching a lien to their personal property, or taking part of their monthly income (wage garnishment).
In addition, the creditor can suspend the debtor's driver's license according to the provisions of Title 32 Section 893, Louisiana Revised Statutes. Usually, local courts provide self-help sections on their websites for interested parties to learn about the procedures for collecting judgments.
What Happens if a Defendant Does Not Pay a Judgment in Louisiana
Defendants who default in paying their judgments can face serious consequences. The creditor can move for a hearing that mandates the defendant to declare their assets to make debt collection easier. Hence, the creditor can initiate actions like judgment liens and garnishments. If the debtor fails to appear in court for the hearing, they can face jail time for civil contempt.
Also, unpaid judgments can have negative effects on a defendants' credit reports. It can limit their job prospects, housing opportunities and jeopardize their access to financing. As provided in Article 1921 of the Code of Civil Procedure, interests apply in judgment payments. Therefore, a defendant will be liable to pay interests on the unpaid amounts accumulated over time.
What Personal Property Can Be Seized in a Judgment in Louisiana?
After a court renders a judgment in Louisiana, the winning party has the right to enforce the court's ruling by obtaining a writ to seize the debtor's property. Properties that can be seized include personal properties, assets, income, and real estate. However, some personal properties are exempted from seizure under any writ or process, as stipulated in Title 13, Section 3881 of the Louisiana Revised Statutes.
Some exemptions are clothing, household furniture, kitchen utensils, electrical appliances, and properties (like books and tools) that debtors use for their jobs or professions. Also, monetary claims exceeding 75% of the debtor's weekly income are exempt from seizure.
Louisiana Judgment Interest Rate
As provided in Title 13 Section 4202(B)(1) of the Louisiana Revised Statutes, the Commissioner of the Office of Financial Institutions sets the state's judicial interest rates every year. The applicable rate is published annually in the Louisiana Bar Journal, December issue, and in a general circulation newsletter in Louisiana cities. The judicial interest rate for 2021 was 3.5% per annum.
What is a Default Judgment?
As stipulated in Article 1843 of the Code of Civil Procedure, a default judgment is a ruling rendered in court against a party (defendant) who fails to appear or plead during a hearing. It is an automatic win for the plaintiff, granting them their original claim amount against the defendant.
According to Article 4904(B) of the Code of Civil Procedure, a plaintiff can obtain a default judgment from a parish or city court. To obtain the judgment, they must establish a "prima facie case" by providing sufficient evidence to support a ruling in their favor. The plaintiff must submit their evidence and a copy of the proposed default judgment to the court clerk.
After the judge receives the document from the court clerk, they will either schedule a hearing with both parties present or sign the proposed default judgment within 72 hours. If that happens, the proposed judgment becomes the final default judgment. Hence, the court clerk will send a certified copy of the signed verdict to the plaintiff.
How to File a Motion To Set Aside Default Judgment in Louisiana
A person against whom a default judgment was entered in Louisiana can file a motion to set aside (vacate) the default judgment if they think it was wrong. First, they must give good reasons why they failed to respond to summons or missed their court hearing. In addition, the party must present compelling evidence or argument explaining why the court should set aside the ruling.
How To File Motion To Vacate Judgment in Louisiana
Article 2001 of the Code of Civil Procedure permits a party in a Louisiana litigation to file a petition for nullity to vacate the judgment. To do this, the party (usually the judgment debtor) must write a request asking that the court vacate the judgment ruled against them. Although the petition for nullity does not automatically make the court rule in favor of the petitioner, it may give them a chance for a new trial. However, a judgment debtor should seek legal advice before petitioning. It might just raise their court costs because they will be required to pay a service and filing fee for the petition.
How To Remove An Abstract Of Judgment In Louisiana
In Louisiana, a judgment creditor can obtain an abstract of judgment against a judgment debtor's real property if they default on their due payment. Therefore, the debtor will be unable to refinance or sell the real property unless they fulfill their payment obligation to the creditor (with interest). A debtor must pay the owed amount to remove an abstract of judgment.
After completing the payment, the judgment creditor must remove the lien on the property by completing a satisfaction of judgment form with the court clerk. However, if the statute of limitations for the judgment expires, the lien on the property is removed. In Louisiana, an abstract of judgment is effective for 10 years from when the judgment was entered. However, the creditor can renew the judgment for 10 more years.
How Long Is a Judgment Good For In Louisiana
A Louisiana judgment is good for 10 years. As stipulated in Louisiana Civil Code 3501, a judgment will remain active for a 10-year period from the entry date if it is not appealed. The judgment becomes void after that period, relieving the losing party of the debt. Nevertheless, the creditor can file to extend the judgment.
Louisiana Judgment Statute of Limitations Law
Louisiana statutes of limitation laws for judgments are provided in Louisiana Civil Code §3492, §3494(3), §3494(4), and §3501. Typically the statute of limitations is between one year and 10 years, depending on the nature of the case. However, according to Article 2031 of the Code of Civil Procedure, an interested party can file an ex parte motion in court, reviving the judgment.
Also, per the law, a Louisiana court can order the judgment debtor to pay the additional attorney fees and court costs associated with the revival action. Louisiana Civil Code 3501 permits a litigant in a money judgment to revive their judgment as often as they require. If a party appeals the case, the judgment elapses after ten years from when the new judgment becomes final.
