Louisiana Foreign Judgement Law

Judgments – Foreign Judgments – Louisiana

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Definition
In this Part “foreign judgment” means any judgment, decree, or order of a court of the United States or of any other court  which is entitled to full faith and credit in this state. Part III, §13:4241.

Filing and status of foreign judgments
A copy of any foreign judgment authenticated in accordance with an act of congress or the statutes of this state may be annexed to and filed with an ex parte petition complying with Code of Civil Procedure Article 891 and praying that the judgment be made executory in a court of this state.  The foreign judgment shall be treated in the same manner as a judgment of a court of this state.  It shall have the same effect and be subject to the same procedures, and defenses, for reopening, vacating, or staying as a judgment of a court of this state and may be enforced in the same manner.  Part III, §13:4242.

Notice of filing

A. At the time of the filing of the petition and foreign  judgment, the judgment creditor shall file with the court an affidavit setting forth the name and last known address of the judgment debtor and the judgment creditor.
B. Promptly upon the filing of the petition, the foreign judgment, and the affidavit, the clerk shall send a notice by certified mail to the judgment debtor at the address given and shall make a note of the mailing in the record. The notice shall include the name and address of the judgment creditor and his attorney, if any. In addition, the judgment creditor may mail a notice of the filing to the judgment debtor and may file proof of  mailing with the clerk. Failure to mail notice of filing by the clerk shall not affect the enforcement proceedings if proof of mailing by the judgment creditor has been filed. In cases where the petitioner is seeking to enforce the provisions of a protective order as referred to in R.S. 46:2136 or Children’s Code Article 1570, the address of the petitioner may remain confidential with the court.
C. No execution or other process for enforcement of a foreign judgment filed hereunder shall issue until thirty days after the mailing of the notice of the filing of the foreign judgment.  Part III, §13:4243.

Stay

A.  If the judgment debtor proves on contradictory motion that an appeal from the foreign judgment is pending or will be taken, or that a stay of execution has been granted, the court shall stay enforcement of the foreign judgment until the appeal  is concluded, the time for appeal expires, or the stay of  execution expires or is vacated, upon proof that the judgment debtor has furnished the security for the satisfaction of the judgment required by the state in which it was rendered.
B.  If the judgment debtor proves on contradictory motion any ground upon which the execution of a judgment of a court of this state would be stayed, the court shall stay enforcement of the foreign judgment upon requiring security for satisfaction of the judgment as is required in this state. Part III, §13:4244.

Fees
Fees for filing and enforcing a foreign judgment shall be as provided by law.  Part III, §13:4245.

Optional procedure
The right of a judgment creditor to bring an action to enforce the judgment under Article 2541 of the Code of Civil Procedure is preserved.  Part III, §13:4246.

Short title
This Part may be cited as the “Enforcement of Foreign Judgments Act”.  Part III, §13:4247.

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Inside Louisiana Foreign Judgement Law