SB 476 — CIVIL PROCEDURE: Provides relative to garnishment. (8/1/26)

SLS 26RS-1436 REENGROSSED Regular Session ENROLLED SENATE BILL NO.

476 BY SENATOR PRESSLY CIVILAN PROCEDURE.ACT To amend and reenact Code of Civil Procedure Arts.

Provides2412(A)(1) and 2413(B) and (C), relative to garnishment.garnishments;

(8/1/26) AN ACT To amend and reenact Code of Civil Procedure Arts.

2412 (A)(1) and 2413(B) and (C), relative to garnishments;

to provide relative to notice of failure to answer interrogatories in certain circumstances;tocircumstances; provide relative to civil procedureand legal delays;

to provide relative to civil procedureand legal delays;

The notice shall include athe noticefollowing statement in boldface,boldface statingtype: the following:

"The failuretofileintofailure Pageto 1file ofinto 4the Coding:court recordwithin thirty days your sworn answer to these interrogatories may cause you to be personally responsible for the entire amount owed by the judgment debtor." * * * Art.

Words which are struck through are deletions from existing law;

words in boldface type and underscored are additions.

SLS 26RS-1436 REENGROSSED SB NO.

476 the court record within thirty days your sworn answer to these interrogatories may cause you to be personally responsible for the entire amount owed by the judgment debtor." * * * Art.

If on the trial of such motion, the garnishee proves the amount of such property or indebtedness, the judgment against the garnishee shall be limited to the deliveryofthepropertyorpaymentoftheindebtedness,asprovidedinArticle2415.Page 1 of 2 Coding:

(2)IfthejudgmentwasrenderedpursuanttothisParagraphagainstthe garnishee as a result of his failure to appear afterproperservice,the garnishee shall have thirty days from service of the judgment to move for a new trial.

(3) Any motion for a new trial pursuant to Subparagraph (2) of this Paragraph shall be granted only if it includes an affidavit affirming the facts that the garnishee is required to prove under Subparagraph (4) of this Paragraph.

(4) At any new trial granted pursuant to this Paragraph, the garnishee bears the burden of proof that he never had any property of and was never indebted to the judgment debtor during the pendency of the garnishment proceeding,orthathehassatisfiedthejudgmenttothefullextentoftheamount of such property or indebtedness actually in his possession at any time subsequent to commencement of the garnishment proceeding by service of the petition upon him.

C.

Regardless of the decision on the contradictory motion, the court shall renderjudgment against the garnishee for thecostsand a reasonableattorneyfeefor themotion.

This shall include an awardagainst thegarnisheefortheadditional cost and a reasonable attorney fee actually incurred by the judgment creditor Page 2 of 4 Coding:

SLS 26RS-1436 REENGROSSED SB NO.

476 dueENROLLED todeliveryofthepropertyorpaymentoftheindebtedness,asprovidedinArticle2415. the fault of the garnishee in failing to initially respond.

The(2)IfthejudgmentwasrenderedpursuanttothisParagraphagainstthe originalgarnishee instrumentas anda theresult followingof digest,his whichfailure constitutestoappearafterproper noservice,the partgarnishee shall have thirty days from service of the legislativejudgment instrument,to weremove preparedfor bySenatea Legislativenew Services.trial.

The(3) keyword,Any summary,motion andfor digesta donew nottrial constitutepursuant partto Subparagraph (2) of this Paragraph shall be granted only if it includes an affidavit affirming the lawfacts orthat proofthe orgarnishee indiciais required to prove under Subparagraph (4) of legislativethis intent.Paragraph.

[R.S.(4) At any new trial granted pursuant to this Paragraph, the garnishee bears the burden of proof that he never had any property of and was never indebted to the judgment debtor during the pendency of the garnishment proceeding,orthathehassatisfiedthejudgmenttothefullextentoftheamount ofsuchpropertyorindebtedness actually inhispossessionatanytimeafterthe garnishment proceeding is commenced by service of the petition upon him.

1:13(B)C. and 24:177(E)] DIGEST SB 476 Reengrossed 2026 Regular Session Pressly Presentlaw(C.C.P.Art.2412)thatthesheriffshallserveuponthegarnisheethecitationand 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.

ProposedRegardless lawof retainsthe presentdecision lawon butthe requirescontradictory thatmotion, the noticecourt includesshall inrenderjudgment boldface,against the following:garnishee for the costsanda reasonableattorneyfeefor themotion.

"TheThis failureshall toinclude filean intoawardagainst thethegarnisheefortheadditional courtcosts recordand withina 30reasonable daysattorney yourfee swornactually answerincurred to theseinterrogatoriesmaycauseyoutobepersonallyresponsiblefortheentireamountowed by the judgment debtor." Present law provides that the judgment creditor shalldue send to the judgmentfault debtorof written noticeofthefilingofthegarnishmentpetitionbymailorelectronicmeans.Furtherprovides that the noticegarnishee providedin failing to theinitially judgmentrespond. debtor shall have no effect on the validity of the seizure.

ProposedPRESIDENT lawOF retainsTHE presentSENATE law.SPEAKER OF THE HOUSE OF REPRESENTATIVES GOVERNOR OF THE STATE OF LOUISIANA APPROVED:

Presentlaw(C.C.P.Art.2413)providesthatifthegarnisheefailstoanswerwithinthedelayPage provided2 byof present2 lawCoding: (C.C.P.

Art.

2412), the judgment creditor may proceed by contradictory motion against the garnishee for the amount of the unpaid judgment, with interest and costs.

Further provides that the failure of the garnishee to answer prior to the filing of such a contradictory motion is prima facie proof that he has property of or is indebted to the judgment debtor to the extent of the judgment, interest, and costs.

Proposed law retains present law.

Present law provides that judgment shall be rendered against the garnishee on trial of the motion unless he proves that he had no propertyof and wasnotindebtedtothejudgmentdebtor.Furtherprovidesthatifonthetrialofsuchmotion, the garnishee proves the amount of such propertyor indebtedness, the judgment against the garnishee shall be limited to the deliveryof the propertyor payment of the indebtedness, as provided in present law (C.C.P.

Art.

2415).

Proposedlawprovidesthatifthejudgmentwasrenderedpursuanttopresentlawagainstthe garnisheeas a result of his failureto appearafterproper service,the garnishee shall have 30 days from service of the judgment to move for a new trial.

Proposedlawprovidesthatanymotionforanewtrialgrantedpursuanttoproposedlawshall be granted only if it includes an affidavit affirming the facts that the garnishee is required to provide pursuant to proposed law.

Proposed law provides that at any new trial granted pursuant to present law, the garnishee bears the burden of proof that he never had any property of and was never indebted to the judgmentdebtorduringthependencyofthegarnishmentproceeding,orthathehassatisfied thejudgmenttothefullextentoftheamountofsuchpropertyorindebtednessactuallyinhis possession at any time subsequent to commencement of the garnishment proceeding by service of the petition upon him.