Louisiana Revised Statutes 37:1904 – Deposits subject to claims; garnishment proceedings; remittance of balance of cash deposit
Terms Used In Louisiana Revised Statutes 37:1904
- 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
- Transient merchant: as used in this Part means any person engaging temporarily in a retail or wholesale sale of goods, wares or merchandise, in any place in the State of Louisiana and who, for the purpose of conducting such business, occupies any lot, building, room or structure of any kind. See Louisiana Revised Statutes 37:1901
Deposits made with such president of the parish governing authority shall be subject to claims of creditors and claims for local license fees on behalf of the city, village or township in all cases where a judgment has been obtained against the transient merchant in any court in this state and the time for appealing such judgment has expired.
In such cases garnishment proceedings may be commenced in such court against the president of the governing authority, who shall thereupon remit to the court any balance of the cash deposit remaining in his hands not exceeding the amount of the judgment, for the purpose of satisfying the same.
Any balance remaining in the hands of the president of the governing authority four months after the expiration of the license shall be remitted to the transient merchant; but if, at such date, the president has received notice of any suit then pending against the transient merchant, the deposit shall not be returned until sixty days after the termination of the suit.