Bill
SB 476
Louisiana SB 476 adds bold warnings that garnishees may owe the full judgment if they fail to respond within 30 days, and lets creditors seek costs and attorney fees for nonrespons
Jurisdiction: Louisiana
Bill Title: CIVIL PROCEDURE: Provides relative to garnishment. (Effective 8/1/2026)
Sponsor: Senator Pressly (co-sponsor: Thomas Pressly)
Status: Passed through the Senate with favorable report; engrossed; awaiting third reading/final passage as of the latest actions listed.
Effective Date: August 1, 2026
Purpose and intent
- SB 476 makes targeted amendments to the Louisiana Code of Civil Procedure related to garnishment procedures, focusing on service, notice, potential liability, and post-judgment relief (new trial) when a garnishee fails to answer or appear.
- The bill preserves existing garnishment framework but adds explicit warnings and additional consequences for garnishees who do not timely respond or who fail to appear, including potential costs and attorney fees awarded to the judgment creditor.
Key provisions and changes
1) Art. 2412(A) – Method of service; delay for answering
- The sheriff must serve the garnishee with:
- The citation;
- A copy of the petition;
- The interrogatories; and
- A notice that a seizure is effected against the garnishee’s property or indebtedness of the judgment debtor.
- New addition (bolded in the bill): The notice must include in boldface the warning:
- “The failure to file into the court record within 30 days your sworn answer to these interrogatories may cause you to be personally responsible for the entire amount owed by the judgment debtor.”
- This creates an express personal liability warning for the garnishee if interrogatories are not filed within 30 days.
2) Art. 2413(B) and (C) – Effect of garnishee's failure to answer
- If the garnishee fails to answer within the prescribed period, the judgment creditor may proceed by a contradictory motion against the garnishee for the unpaid judgment, including interest and costs.
- The failure to answer before the contradictory motion is prima facie proof that the garnishee has property of or is indebted to the judgment debtor, up to the amount of the judgment, interest, and costs.
- If the garnishee subsequently proves at trial that he had no property or indebtedness, the judgment against the garnishee is limited to the property or indebtedness proven (as per existing Article 2415).
- If the judgment against the garnishee was rendered due to failure to appear after proper service, the garnishee has 30 days from service of the judgment to move for a new trial.
- A new-trial motion under this provision is only granted if it includes an affidavit affirming the facts required to be proven by the garnishee.
3) Burden of proof at new trial
- At any granted new trial, the garnishee bears the burden of proving either:
- He never had any property or indebtedness to the judgment debtor during the garnishment, or
- He has satisfied the judgment to the full extent of the property or indebtedness actually in his possession subsequent to commencement of the garnishment (service of petition).
4) Costs and attorney fees
- Regardless of the outcome on the contradictory motion, the court must render judgment against the garnishee for:
- Costs and a reasonable attorney fee for the motion.
- SB 476 expressly authorizes an award of the additional costs and a reasonable attorney fee incurred by the judgment creditor due to the garnishee’s fault in failing to initially respond.
Impact and who is affected
- Garnishees: The bill heightens the accountability of garnishees who do not respond timely or fail to appear, introducing:
- A bold-face warning of potential personal liability for the entire judgment amount if interrogatories are not filed within 30 days.
- Potential responsibility for the judgment creditor’s costs and a reasonable attorney fee, in addition to the standard remedies.
- Judgment creditors: Beneficiary party gains a clearer path to seek fees and costs associated with the garnishee’s nonresponse or default, potentially increasing leverage and recovery in garnishment actions.
- Judgment debtors: Indirectly affected through the enhanced enforcement of garnishments and the potential for swifter collection of property or indebtedness by the garnishee.
Procedural and timeline considerations
- The 30-day deadline for filing sworn answers to interrogatories remains a central timing element, now coupled with explicit liability warnings.
- If a garnishee fails to answer, the creditor can move for a contradictory judgment; the garnishee may pursue a new trial within 30 days of judgment service.
- Any new-trial relief requires an affidavit detailing the facts the garnishee must prove, with the ultimate burden on the garnishee to show lack of property/indebtedness or full satisfaction of the judgment.
Notes
- The bill amends and reenacts only Articles 2412(A) and 2413(B) and (C) of the Louisiana Code of Civil Procedure.
- The act becomes effective August 1, 2026.
Compiled from official sources — confirm details with the bill’s official record.
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