Louisiana Revised Statutes 32:708.1 – Issuance of certificates; satisfaction of child support privilege or security interest; security measures
Terms Used In Louisiana Revised Statutes 32:708.1
- Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Commissioner: shall mean the director of public safety as provided for in Louisiana Revised Statutes 32:702
- Lien: A claim against real or personal property in satisfaction of a debt.
- Vehicle: shall include those devices sometimes referred to as mobile homes as defined in Louisiana Revised Statutes 32:702
A. A judgment creditor who has obtained a final, nonappealable judgment ordering the payment of past due child support which has remained unpaid at least sixty days after it has become final may file the judgment with the office of motor vehicles to create a privilege over any motor vehicle titled in the name of the judgment debtor at the time the judgment is filed with the office of motor vehicles.
B. The privilege on the titled motor vehicle shall be created by filing with the office of motor vehicles the appropriate documentation as required by this Section, together with the appropriate fees charged for titles and security interests, so long as such receipt subsequently is validated by the commissioner of the office of motor vehicles. Any filing which fails to comply with this Section shall be rejected by the office of motor vehicles and shall not result in the creation of a privilege.
C. The following documents shall be required to be filed to create a privilege over a titled motor vehicle:
(1) A completed application signed by the judgment creditor or the judgment creditor’s attorney on a form approved by the office of motor vehicles. The form shall contain information that the office of motor vehicles may deem necessary to process the transaction.
(2) A certified copy of the final, nonappealable judgment ordering the payment of past due child support.
(3) A statement verified and signed by the creditor or the creditor’s attorney attesting to the following facts:
(a) That the judgment is final, that no appeal was taken, or if an appeal was taken, the judgment was affirmed on appeal and all delays for review of the judgment have expired.
(b) That more than sixty days have elapsed since the judgment became final and it remains unpaid.
(4) The previously issued certificate of title of the motor vehicle on which the lien is to be recorded.
D. The court, as part of its judgment of awarding past due child support, may order the judgment debtor to surrender the certificate of title to the judgment creditor. The failure to surrender the certificate of title shall be enforced by the court. If the certificate of title is held by an existing lienholder, the court shall order the lienholder to submit the certificate of title to the commissioner of the office of motor vehicles in order that the privilege shall be added to the certificate of title. The certificate of title shall then be returned to the ranking lienholder in accordance with La. Rev. Stat. 32:708.
Acts 2006, No. 772, §2.