Can I pursue my debt in Louisiana?

The most critical factor in collecting any debt is TIME. If too much time has passed, your rights to legally enforce the debt may have expired. Attorneys refer to this concept as "statute of limitations" or as it is called here in Louisiana, "prescription".

Most debts are based either on an open account (the debtor is extended credit for goods or services ordered over a period of time) or under contract. You must file a lawsuit on an open account within three (3) years of the debtor's last purchase or last payment. A credit card account is an excellent example of what Louisiana courts consider an open account. This is true even if there is a written agreement signed by the cardholder.

Promissory notes are a form of contract and have a five (5) year prescriptive period. A note payable on demand must be enforced within five years of the date the note was signed. An installment note also has five years but the period is calculated from the date each installment becomes due and has not been paid. If all unpaid, future installments are accelerated by the holder, the five year period runs from date of acceleration.

There are several other types of debt with differing prescriptive periods. You may want to describe your particular debt in our "Contact Us" section.

The next most important issues are jurisdiction and venue. Courts must have jurisdiction over the debtor and the venue (physical location of the court matches that of the debtor) must be correct. If the debtor resides in Louisiana, a court covering the physical location will have personal jurisdiction. If the debtor is a non-resident, issues of whether the debtor had sufficient contacts with the state to justify jurisdiction may be raised. You must know the physical location of your debtor in Louisiana in order to assist us in identifying the correct court in which to file suit.

What steps should I take before turning the account over to my collection attorney?

What records and documents will my collection attorney need?

How much will the collection effort cost?
Attorneys' Fees
Court and Other Costs

What are the steps in collecting a debt?

How and when will my collection attorney communicate with me during the process?

What kind of settlement or recovery should I expect?

How do I get paid after the debt is recovered?