Louisiana Assignment of Judgment to Attorney for Collection

State:
Multi-State
Control #:
US-02701BG
Format:
Word; 
Rich Text
Instant download

Description

This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

Debts from a breach of contract in Louisiana have a prescription period of 10 years beginning from the date of breach or last payment to the debt account. This period covers all types of general contracts except those assigned specific periods following their governing codes within the state's laws.

Generally, judgments expire after ten years. La Code Civ. Proc.

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.

So, the law allows the creditor to question the debtor about assets, income and debts. This process is called a Judgment Debtor Examination. It is a legal proceeding, initiated by the creditor, in which the debtor is summoned to appear in Court to answer inquiries by the petitioning creditor.

Statutes of limitations for each state (in number of years) StateWritten contractsOpen-ended accounts (including credit cards)Louisiana103Maine66Maryland33Massachusetts6647 more rows ?

Also, you are more likely to be sued on credit card debt than medical debt. Medical debt may go much longer without any significant adverse consequences for going unpaid. It is best to contact a Louisiana debt collection attorney, however. They may find you should not be subject to any adverse consequences at all.

Debt collectors can only take money from your paycheck, bank account, or benefits?which is called garnishment?if they have already sued you and a court entered a judgment against you for the amount of money you owe. The law sets certain limits on how much debt collectors can garnish your wages and bank accounts.

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Louisiana Assignment of Judgment to Attorney for Collection