Terms Used In Louisiana Code of Civil Procedure 2031

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Service of process: The service of writs or summonses to the appropriate party.

A.  A money judgment may be revived at any time before it prescribes by an interested party by the filing of an ex parte motion brought in the court and suit in which the judgment was rendered.  The filing of the motion to revive interrupts the prescriptive period applicable to the judgment.  The motion to revive judgment shall be accompanied by an affidavit of the holder and owner of the judgment, stating that the original judgment has not been satisfied.  A judgment shall thereupon be rendered reviving the original judgment.  No citation or service of process of the motion to revive shall be required.  The court may order the judgment debtor to pay additional court costs and reasonable attorney fees in connection with the judgment revival action.  Notice of signing of the judgment of revival shall be mailed by the clerk of court to the judgment debtor at his last known address as reflected in the suit record.

B.  At any time after the signing of the judgment of revival, the judgment debtor may, by contradictory motion, have the judgment of revival annulled, upon showing that the judgment which has been revived was in fact satisfied prior to the signing of the judgment of revival.  If the judgment debtor proves that the judgment has been satisfied prior to the filing of the motion to revive the judgment, the holder or owner of the judgment shall pay all court costs, fees, and attorney fees incurred by the judgment debtor in opposing the ex parte order of revival and the cancellation of the judgment from the mortgage records.

Acts 2003, No. 806, §1; Acts 2005, No. 205, §1, eff. Jan. 1, 2006.