Louisiana Judgment: Types, Records, Duration, and What to Expect
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A judgment is a court’s final decision that resolves a dispute and determines the rights and obligations of the parties involved. In Louisiana, they arise from civil lawsuits, debt collection, property disputes, family law cases, and even criminal restitution matters. They are legally enforceable once pronounced and may lead to liens, wage garnishment, or long-term credit reporting.
What Is a Judgment in Louisiana?
In Louisiana, a judgment is the determination of the rights of the parties in an action and may award any relief to which the parties are entitled. A party may receive an order to pay a certain amount of money, transfer property, or refrain from certain actions. Judgments carry the authority of law once entered and may be enforced via legal remedies. These include liens, garnishments, and bank levies.
A creditor who wins a lawsuit for unpaid debt may obtain a money judgment requiring repayment. In family court, a judgment may establish child support or spousal support obligations. Louisiana follows a civil law tradition; judgments are governed by specific statutes and procedural rules under the Louisiana Code of Civil Procedure.
Types of Judgments in Louisiana
Louisiana courts issue several kinds of judgments depending on the type of case:
1. Money Judgments
Money judgments, which are the most common and require a debtor to pay a creditor a fixed sum. They often arise from contract disputes, unpaid debts, or damages awarded in lawsuits.
2. Default Judgments
A default judgment occurs when the defendant fails to respond to a lawsuit or misses a hearing. In these cases, the plaintiff wins, and the court grants the relief requested.
3. Property or Lien Judgments
Creditors may record a judgment lien against a debtor’s property. In Louisiana, liens attach to both movable and immovable property. Also, they may be filed with the parish's recorder of mortgages. This prevents the sale or transfer of the property until the judgment is paid off.
4. Family Court Judgments
Family-related judgments cover child support, custody, and spousal support (alimony) cases. These are enforced through income withholding orders, property liens, and contempt proceedings.
5. Criminal Restitution Judgments
In criminal cases, Louisiana courts may issue restitution judgments. This requires offenders to compensate victims for financial losses. These judgments are similar to civil money judgments and remain enforceable until they are satisfied.
How to Search for Judgments in Louisiana
Judgment records are considered public in Louisiana and may be accessed via several ways:
- Parish Clerk of Court Offices - Each parish clerk maintains judgment and case records. In-person searches are available, and certified copies can be requested.
- Louisiana Supreme Court and District Court Websites - While Louisiana does not have a fully centralized system, some parishes provide online portals for searching civil and family court judgments.
- Third-Party Services - Certain third-party websites provide access to judgment records at a low cost. Although they may make access to these records faster, individuals may be required to verify to obtain up-to-date information. Members of the public may also visit individual parish clerk offices to obtain official copies of records.
In Louisiana, judgment records contain the following information:
- Case number
- Names of the parties
- Parish and court location
- Judgment date
- Amount owed or type of relief granted
Judgment Records in Major Louisiana Parishes
Louisiana courts are organized by parish rather than by county; therefore, methods of access to court records vary:
- New Orleans (Orleans Parish): The Orleans Parish Clerk of Civil District Court provides both in-person services and an online portal for searching civil judgments.
- Baton Rouge (East Baton Rouge Parish):East Baton Rouge Parish offers public access to judgment records through its Clerk of Court office and online record systems.
- Shreveport (Caddo Parish): Caddo Parish judgment records are maintained by the Clerk of Court, with online access available for some case types.
While some parishes have digitized their records, others require in-person requests for certified or older judgments.
How Long Does a Judgment Last in Louisiana?
In Louisiana, a judgment is valid and enforceable for 10 years from the date it is signed. However, creditors may renew the judgment before expiration and extend it for another 10 years. This renewal process may be continuous, meaning judgments may remain enforceable for decades if they are maintained in the appropriate way.
During this enforceable period, a judgment may affect a debtor’s wages, property, and finances. Failure to satisfy a judgment may also result in liens and levies against movable and immovable properties.
What Happens After a Judgment Is Entered in Louisiana?
Once a judgment is entered, creditors have the legal entitlement to recover debts. Debtors, on the other hand, are required to navigate the legal and financial consequences that follow.
For Creditors:
- Wage Garnishment: Creditors may seek a court order to garnish wages until the judgment is satisfied.
- Judgment Liens: Creditors may file liens against a debtor’s property, thereby preventing its sale. Likewise, they are not allowed to refinance the property until the debt is cleared.
- Bank Levies: With court approval, creditors may seize funds from the debtor’s bank account. This is done to offset debts, and levies are sent to the creditor.
For Debtors:
- Credit Reporting: If judgments often appear on credit reports, it may lower scores and affect loan or housing eligibility.
- Satisfaction of Judgment: After a creditor recovers their debt from a debtor, they are required to file a Satisfaction of Judgmentwith the court to discharge the debtor from the obligation.
- Appeals or Motions to Vacate: If a judgment was entered in an unfair manner (such as in a default case without notice), the debtor may appeal or request the court to vacate the judgment.