Louisiana Judgments & Liens Search

Money judgments in Louisiana remain enforceable for ten years from the date of signing under Louisiana Revised Statutes § 13:3881. Judgment creditors can extend this period by filing a timely action to revive the judgment before the ten-year period expires. Louisiana Code of Civil Procedure Article 2031 governs revival procedures. Each successful revival extends enforcement for an additional ten years. Without revival, judgments become unenforceable after ten years, though they may remain on credit reports for seven years from the original filing date under federal law.

No. Unlike some states where judgment liens automatically attach to all real property statewide, Louisiana requires judgment creditors to record judgments with the clerk of court in each parish where the debtor owns immovable property. Recording creates a judicial mortgage under Louisiana Civil Code Article 3185, which ranks from the date of registry. Judgment creditors must proactively record in each relevant parish to create enforceable liens on specific properties.

Comprehensive lien searches require examining records at the parish clerk of court office where the property is located. Search the conveyance records using the current owner's name as grantor, the mortgage records using the owner's name as mortgagor, and judgment records using the owner's name as defendant. Many parishes offer online access to these indices, but thorough title searches typically require examining physical records or employing professional abstractors. For UCC liens on personal property, search the Louisiana Secretary of State's UCC database at www.sos.la.gov/ucc.

Yes, but with significant limitations. Louisiana follows federal garnishment restrictions under 15 U.S.C. § 1673, limiting wage garnishment to 25% of disposable earnings or the amount by which weekly disposable earnings exceed thirty times the federal minimum wage, whichever is less. Certain income sources are completely exempt from garnishment, including Social Security benefits, unemployment compensation, workers' compensation, and certain retirement benefits under Louisiana Revised Statutes § 13:3881. Child support and federal tax obligations have different, often more permissive garnishment rules.

Louisiana Revised Statutes § 20:1 provides a homestead exemption protecting up to $35,000 of equity in a debtor's primary residence from forced sale to satisfy most judgments. This exemption applies only to heads of household or married persons. The exemption amount increases for persons over age sixty and for those with minor dependents. The homestead exemption does not protect against mortgages, tax liens, or mechanics liens, but it does shield equity from general creditor claims. Debtors must affirmatively claim the exemption, and it applies only to property used as a primary residence, not investment property or second homes.

Mechanics liens (privileges) in Louisiana can be removed through several methods. First, paying the claim in full requires the lien claimant to file a cancellation under Louisiana Revised Statutes § 9:4846. If the claimant refuses despite payment, property owners can file summary proceedings compelling cancellation. Second, the lien automatically becomes unenforceable if not enforced through lawsuit within one year from recording under § 9:4822. Third, property owners can bond over the lien by depositing cash or a bond equal to the claim amount plus costs under § 9:4803, which transfers the lien to the bond proceeds. Finally, if the lien was improperly filed or the claim lacks merit, property owners can file suits to cancel the lien based on procedural defects or substantive defenses.

Bankruptcy can discharge many judgments, eliminating personal liability for the debt. However, judgment liens that attached to real property before bankruptcy may survive bankruptcy as secured claims against the property, even if personal liability is discharged. Bankruptcy debtors can sometimes avoid judgment liens on homesteads through lien avoidance motions under 11 U.S.C. § 522(f) if the liens impair exemptions. The interaction between Louisiana exemption law and federal bankruptcy law is complex, and the specific outcome depends on factors including the type of debt, when liens attached, and which bankruptcy chapter is filed. Consulting a bankruptcy attorney is essential for understanding how bankruptcy affects specific judgments.

After obtaining a final, executory judgment, Louisiana law provides several collection tools. File the judgment with parish clerks where the debtor owns real property to create judicial mortgages. Initiate garnishment proceedings under Louisiana Code of Civil Procedure Article 2391 to seize wages, bank accounts, or other debts owed to the judgment debtor. Obtain writs of fiat under Article 2291 to have the sheriff seize and sell the debtor's movable property. For real estate, file petitions for executory process or ordinary process under Article 2331 to seize and sell immovable property. Conduct post-judgment discovery through interrogatories and requests for production to identify the debtor's assets. Be aware that Louisiana's generous exemptions under Louisiana Revised Statutes § 13:3881 and § 20:1 protect significant property from seizure, and collection against judgment-proof debtors may be impractical despite having valid judgments.