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Terms Used In Louisiana Revised Statutes 46:1811

  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Board: means the Crime Victims Reparations Board. See Louisiana Revised Statutes 46:1802
  • Claimant: means a victim or a dependent of a deceased victim, or the legal representative of either, an intervenor, the healthcare provider who provides healthcare services associated with a forensic medical examination as defined in Louisiana Revised Statutes 46:1802
  • Collateral source: means a source of benefits for pecuniary loss awardable, other than under this Chapter, which the claimant has received or which is readily available to him or her from any or all of the following:

                (a) The offender under an order of restitution to the claimant imposed by a court as a condition of probation or otherwise. See Louisiana Revised Statutes 46:1802

  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • Pecuniary loss: means the amount of expense reasonably and necessarily incurred by reason of personal injury, as a consequence of death, or a catastrophic property loss, and includes:

                (a) For personal injury:

                (i) Medical, hospital, nursing, or psychiatric care or counseling, and physical therapy. See Louisiana Revised Statutes 46:1802

  • person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
  • Reparations: means payment of compensation in accordance with the provisions of this Chapter for pecuniary loss resulting from physical injury, death, or catastrophic property loss by reason of a crime enumerated in this Chapter. See Louisiana Revised Statutes 46:1802

A.  The board may order the payment of an award in a lump sum or in installments.  That part of an award equal to the amount of the pecuniary loss accrued to the date of the award shall be paid in a lump sum.  In all other respects the board shall determine all matters respecting the payment of awards, consistent with the provisions of this Chapter.  

B.(1)  The board shall deduct from any payments it orders any amounts received from any collateral source.  

(2)  If a claimant receives payment from a collateral source after receiving an award from the Crime Victims Reparations Fund, then to the extent the total amount received exceeds the actual loss experienced the claimant shall reimburse the Crime Victims Reparations Fund, through the board.  

C.  The state treasurer shall pay to the person named in the order of payment of reparations the amount named therein in accordance with the provisions of such order.  

D.  The board shall not be subject to garnishment, execution, or attachment on any award.  

Added by Acts 1982, No. 250, §1, eff. July 17, 1982.  Acts 1986, No. 123, §1; Acts 1989, No. 257, §1.