Terms Used In Louisiana Code of Civil Procedure 2415

  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.

            A. When the garnishee admits in his answer, or when on trial of a contradictory motion under Article 2414 it is found that he has in his possession property belonging to the judgment debtor or is indebted to him, the court shall order the garnishee to deliver the property immediately to the sheriff or to pay him the indebtedness when due. Delivery or payment to the sheriff discharges the garnishee’s obligation to the judgment debtor to the extent of the delivery or payment.

            B. This Article does not apply to garnishment of wages, salaries, tips reported to the employer, or commissions.

            Acts 2022, No. 265, §1.