Louisiana Sample Letter for Judgment for Support and Other Relief
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FAQ
And some states also allow judgment liens on the debtor's personal property -- things like jewelry, art, antiques, and other valuables. In Louisiana, a judgment lien can be attached to real estate only (a house, land, condominium, or similar property interest).
701. Right to a speedy trial. A. The state and the defendant have the right to a speedy trial.
Default judgment in parish and city courts. A. In suits in a parish court or a city court, if the defendant fails to answer timely, or if he fails to appear at the trial, and the plaintiff establishes a prima facie case by competent and admissible evidence, a default judgment in favor of the plaintiff may be rendered.
The state of Louisiana is unique in that nearly all civil actions have a one-year statute of limitations (most states range from two to five years for more claims). The exceptions are the three-year limits on collections of rent and debts and a 10-year statute of limitations for contracts and judgments.
Most significantly, the Legislature eliminated the requirement that parties seek a ?preliminary default? judgment before confirming a ?final? judgment of default. Now, Louisiana's default judgment process takes away defendants' opportunity to request that courts set aside preliminary defaults.
Art. 2782. A creditor wishing to have a judgment of a Louisiana court made executory, as provided in Article 2781, may file an ex parte petition complying with Article 891, with a certified copy of the judgment annexed, praying that the judgment be made executory.
Most significantly, the Legislature eliminated the requirement that parties seek a ?preliminary default? judgment before confirming a ?final? judgment of default. Now, Louisiana's default judgment process takes away defendants' opportunity to request that courts set aside preliminary defaults.
A judgment of default must be confirmed by proof of the demand sufficient to establish a prima facie case. If no answer is filed timely, this confirmation may be made after two days, exclusive of holidays, from the entry of the judgment of default.
