Terms Used In Louisiana Code of Civil Procedure 2674

  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.

The court shall appoint an attorney at law to represent the unrepresented defendant in an executory proceeding under the following circumstances:

(1)  When the defendant is an absentee;

(2)  When the debtor is dead, no succession representative has been appointed, and his heirs and legatees have not been sent into possession;

(3)  When the debtor’s property is under the administration of a legal representative, but the latter has died, resigned, or been removed from office, and no successor thereof has qualified;

(4)  When the defendant is a corporation or a partnership upon which process cannot be served for any reason; and

(5)  When the defendant is a minor, or a mental incompetent, who has no legal representative at the time of the institution of the proceeding.