Art. 2411.Garnishee; Effect of Service; Financial Institutions

Book IV. Execution of Judgments · Title II. Money Judgments · Chapter 4. Garnishment Under a Writ of Fieri Facias · Last amended 2004 · Last verified July 30, 2026

In one sentenceArticle 2411 lets a judgment creditor, after obtaining a writ of fieri facias, cite a third-party garnishee to answer under oath what property of the judgment debtor the garnishee holds and what the garnishee owes the debtor, and sets rules on when that seizure takes effect and how continuing it is.

Full Text of Art. 2411

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A. The judgment creditor, by petition and after the issuance of a writ of fieri facias, may cause a third person to be cited as a garnishee to declare under oath what property he has in his possession or under his control belonging to the judgment debtor and in what amount he is indebted to him, even though the debt may not be due. He may require the third person to answer categorically and under oath the interrogatories annexed to the petition within the delay provided by Article 2412.

(1) The seizure shall take effect upon service of the petition, citation, interrogatories, and a notice of seizure, as required by Article 2412(A)(1).

(2) For wage garnishments subject to the provisions of R.S.13:3921 et seq., if the garnishee or judgment debtor files no opposition to the garnishment proceedings, and the garnishee answers the garnishment interrogatories affirmatively as to the employment of the judgment debtor by the garnishee, and the garnisher fails to obtain a garnishment judgment within one hundred eighty days of the filing of the answers to the interrogatories, all effects of the seizure by garnishment shall automatically cease upon the lapse of the one hundred eightieth day, and the garnisher shall be required to re-serve the garnishee pursuant to R.S.13:3923 and 3924.

C. Other than as provided in R.S.13:3921 et seq. applicable to garnishments of wages, a garnishment shall not be continuing in nature and the garnishee need only respond as to property of the judgment debtor that the garnishee has in his possession or under his control at the time the garnishment interrogatories are served on him.

D. Notwithstanding any other law to the contrary, when the garnishee is a bank, savings and loan association, or credit union, the garnishee may continue to pay checks and drafts drawn on the judgment debtor's deposit accounts maintained with the garnishee that are presented for payment in the ordinary course of business on the day garnishment interrogatories are served upon the garnishee or on the next business day thereafter, without incurring any liability or obligation in favor of the judgment creditor or any other third party.

End

Amendment History

Acts 1989, No. 742, §1; Acts 1999, No. 887, §1; Acts 2004, No. 18, §1.

Plain-English Summary

A garnishee is not the judgment debtor. It is a third party, often a bank or an employer, who holds property belonging to the debtor or owes the debtor money. Garnishment lets the judgment creditor reach that property or debt indirectly, by citing the garnishee into the proceeding and requiring sworn answers to interrogatories about what the garnishee has in hand, even if a debt owed to the debtor is not yet due.

The seizure takes effect on service, specifically when the petition, citation, interrogatories, and notice of seizure are served on the garnishee, not at some later point when the garnishee gets around to answering. For wage garnishments, the article adds a self-terminating safeguard: if neither the garnishee nor the debtor opposes the garnishment, the garnishee's answer affirms the debtor's employment, and the creditor still fails to obtain judgment within one hundred eighty days of that answer, the seizure automatically lapses, and the creditor has to re-serve the garnishee to start over.

Outside of wage garnishment, Article 2411 makes clear that a garnishment is not continuing in nature. The garnishee answers only for property or indebtedness that exists at the moment the interrogatories are served, a snapshot rather than an ongoing duty to keep reporting later-acquired funds. The article also shields banks, savings and loan associations, and credit unions that continue honoring checks and drafts already in the pipeline, presented for payment in the ordinary course on the day of service or the next business day, from liability for doing so.

Frequently Asked Questions

Who is a garnishee under Louisiana garnishment procedure?

A third party, distinct from the judgment debtor, who holds property belonging to the debtor or owes the debtor money, such as a bank holding a deposit account or an employer owing wages.

When does the garnishment seizure take effect?

Upon service of the petition, citation, interrogatories, and notice of seizure on the garnishee, as Article 2411 and Article 2412 require, not when the garnishee later files an answer.

Does a garnishee have to keep reporting new property it later receives on the debtor's behalf?

Generally no. Outside of wage garnishment, Article 2411 states that garnishment is not continuing in nature, so the garnishee answers only as to what it held or owed at the moment the interrogatories were served.

Can a bank keep honoring the debtor's checks right after garnishment papers arrive?

Yes, within limits. Article 2411 lets a bank, savings and loan association, or credit union continue paying checks and drafts presented in the ordinary course on the day of service or the next business day without incurring liability for doing so.

Source & verification. Article text is reproduced verbatim from the Louisiana Code of Civil Procedure (legis.la.gov). Enacted by the Louisiana Legislature. Last verified July 30, 2026. · Official source

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