Louisiana Procedural Requirements for Wage Garnishment

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Louisiana Procedural Requirements

A judgment for the payment of money may be executed by a writ of fieri facias directing the seizure and sale of property of the judgment debtor. La. Code Civil. Procedure. Ann. art. 2291. The judgment creditor, by petition and after issuance of a writ of fieri facias, may cause a third person to be cited as a garnishee to declare under oath what property he has in his possession or under his control belonging to the judgment debtor and in what amount he is indebted to him, even though the debt may not be due. He may require the third person to answer categorically and under oath the interrogatories annexed to the petition. The seizure shall take effect upon the service of the petition, citation, and interrogatories.

A garnishment against a financial institution shall not be continuing in nature and the garnishee need only respond as to property of the judgment debtor that the garnishee has in his possession or under his control at the time the garnishment interrogatories are served upon him. When the garnishee is a bank, savings and loan association, or credit union, the garnishee may continue to pay checks and drafts drawn on the judgment debtor's deposit accounts maintained with the garnishee that are presented for payment in the ordinary course of business on the day garnishment interrogatories are served upon the garnishee or on the next business day thereafter, without incurring any liability or obligation in favor of the judgment creditor or any third party. La. Code Civil. Procedure. Ann. art. 2411.

The sheriff shall serve upon the garnishee the citation and a copy of the petition and of the interrogatories, together with a notice that a seizure is thereby effected against any property of or indebtedness to the judgment debtor. Service shall be in the manner provided for service of citation, except that if the garnishee is an individual, service must be personal. The garnishee shall file his sworn answers to the interrogatories within fifteen days from the date of service. La. Code Civil. Procedure. Ann. art. 2412.

Interest Rate at which Judgments Accrue

The legal rate of interest between Sept. 11, 1981 and Jan. 1, 1988, is 12%. Thereafter, the legal rate of interest is one point over average prime as defined and as calculated Oct. 1 of each year, subject always to a cap of 14% and floor of 7%. La. Civil. Code Ann. art. 2924.

Legal interest attaches from date of judicial demand on all judgments sounding in damages "ex delicto." La. Rev. Statute. Ann. 13:4203. Legal interest on any claim for personal injury or wrongful death against the Statutee or its political subdivisions shall accrue at six percent per annum from the date of service is requested following judicial demand until the judgment thereon is signed by the trial judge.

Legal interest accruing subsequent to the signing of the judgment shall be at the rate as detailed above. La. Rev. Statute. Ann. 13:5112. When the object of the performance is a sum of money, damages for delay in performance are measured by the interest on that sum from the time it is due, at the rate agreed by the parties or, in the absence of agreement, at the rate of legal interest. La. Civil. Code Ann. art. 2000.