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Louisiana Repo Laws - Repossession Laws

 

 

Because the Repo Laws - Repossession Laws may change from time to time, please check the Louisiana Courts website for updated and complete Repo Laws - Repossession Laws in Louisiana.

 


 

Repo Laws - Repossession Laws in Louisiana:

 

Where do I refer to for Title or License Registration?

For state Title and License Information, refer to:

 

By mail:

Office of Motor Vehicles
P.O. Box 64886
Baton Rouge, LA 70896

In person:

Office of Motor Vehicles
7979 Independence Blvd.
Baton Rouge, LA 70806

Security Interests:

Shown on title held by lienholder.

 

Recording Requirements:

Recorded on Parish basis. Liens on motor vehicles must be recorded on title.

Recovery Requirements:

The debtor is required to sign a voluntary surrender and release prior to the lienholder taking possession of the collateral.

 

Effective January 1, 2005, Louisiana's Act 191 ( "Additional Default Remedies Act" ) and Act 814 ( "Notice of Repossession" ) permit a "secured party" or "a lessor" to take possession of collateral without judicial process provided: 1. ) the Security Agreement, or lease, contains the following specific wording: "Louisiana law permits repossession of motor vehicles without judicial process", 2. ) prior to taking possession, a notice of intent is sent to all debtors, in writing, containing the specific wording: "Louisiana law permits repossession of motor vehicles without further notice or judicial process", 3. ) a "payment" default exceeding 30 days ( monthly installment contracts ) or 60 days ( weekly or bi-weekly contracts ) exists, 4. ) no "breach of the peace" occurs in the act of retaking, 5. ) the individual who physically repossesses collateral must be licensed by the State of Louisiana-Office of Financial Institutions, 6. ) in the event a tow truck is used, the owner, or operator, shall possess a common carrier certificate issued by the Louisiana Public Service Commission, and 7. ) within three days of taking possession, the secured party files a "Notice of Repossession" with the recorder of mortgages in the Parish where the collateral was located and with the appropriate official Constable of the Justice of The Peace Court, Constable or Marshal of the City Court or the Parish Sheriff as determined by the debtor's last known address. Fees of $75.00 to the "Recorder of Mortgages" and $250.00 to the appropriate "official" must be paid at the time of filing. Both a "Notice of Sale" and a "Notice of Disposal" are follow-up requirements and prerequisites to perfecting a deficiency ( R. S. 10 : 9-613, et seq. ). Act 670 allows a motor vehicle dealer to use self-help if a prospective purchaser fails to return a credit rejected vehicle 25 days after delivery and after 48 hrs. notice.

Redemption Requirements:

Not permitted after sale of collateral. (Some question if conditional sales repossessions are valid).

Deficiency Requirements:

Not permitted unless seized through the court pursuant to a chattel mortgage foreclosure and sale. Confession notes are invalid.

Special Motor Vehicle Provisions:

Chattel mortgages recorded on Certificate with the Commissioner of Motor Vehicles Div. and another with the Clerk of Court in Parish where debtor resides.

Documents Required to Transfer Ownership of Motor Vehicle:

Title in lienholders name (any state) notarized Bill of Sale (showing amount, buyers name, date of sale) or title in lienholders name with lien released, Notarized affidavit of Repossession, completed notarized Bill of Sale.

 

Documents Required for Liquidation:

Vehicle may be sold on any State's Lien Released and Lienholder Assigned Title provided it is "federally conforming" and is accompanied by a "notarized" Affidavit of Possession and a photocopy of the Debtor's signed Release. If Title is non-federally conforming, substitute a "federally conforming", "notarized" Bill of Sale in lieu of assigning said Title. All documents must be completed accurately and devoid of any type of white out or line out corrections.

 

Plates:

Automobile license plates are not transferable. Remove license plate and surrender to the local Office of Motor Vehicles PRIOR to cancelling automobile insurance, or you can notify the Department of the sale by accessing the “Notice of Vehicle Transfer” page and entering the required information.

 

All recovery requirements and fees are current as of 2002.

 


 

Repo-Laws.com does not warrant the accuracy of these Repo Laws - Repossession Laws or recovery requirements. The Repo Laws - Repossession Laws or recovery requirements listed on Repo-Laws.com are only a starting point for reference, and are not meant to be legal advice or a replacement for legal console. Please consult a repo company in your area, county, or state if you have any questions about repossession there.

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