HLS 10RS-666 ENGROSSED
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Regular Session, 2010
HOUSE BILL NO. 398
BY REPRESENTATIVE LANDRY
ATTORNEYS/FEES: Provides relative to the award of reasonable attorney fees in
judgments on open accounts
AN ACT1
To amend and reenact R.S. 9:2781(E) and to enact R.S. 9:2781(F), relative to suits on open2
accounts; to provide for the award of reasonable attorney fees in certain3
circumstances; to provide for definitions; to provide procedures for obtaining a4
judgment for attorney fees; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 9:2781(E) is hereby amended and reenacted and R.S. 9:2781(F) is7
hereby enacted to read as follows:8
ยง2781. Open accounts; attorney fees; professional fees; open account owed to the9
state10
* * *11
E. As used in this Section, the following terms shall have the following12
meanings:13
(1) "person" "Person" means natural and juridical persons.14
(2) "Reasonable attorney fees" means attorney fees incurred before judgment15
and after judgment if the judgment creditor is required to enforce the judgment16
through a writ of fieri facias, writ of seizure and sale, judgment debtor examination,17
garnishment, or other post-judgment judicial process.18
F. If the judgment creditor incurs attorney fees after judgment on the19
principal demand associated with enforcement of the judgment, the judgment20 HLS 10RS-666 ENGROSSED
HB NO. 398
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creditor may obtain judgment for those attorney fees and additional court costs by1
filing a rule to show cause along with an affidavit from counsel for the judgment2
creditor setting forth the attorney fees incurred. If the judgment debtor does not file3
with the court a memorandum in opposition at least eight days prior to the hearing4
on the rule, the court may award the attorney fees and court costs as prayed for5
without the necessity of an appearance in court by counsel for the judgment creditor.6
The amount of any post-judgment award of attorney fees and costs shall be added to7
the total to be recovered on the principal demand through any existing writ or8
garnishment proceedings.9
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Landry HB No. 398
Abstract: Provides that reasonable attorney fees incurred in the collection of an open
account include attorney fees incurred in post-judgment judicial process efforts
required to enforce the judgment.
Present law provides that when any person fails to pay an open account within 30 days after
the claimant sends written demand, that person shall be liable to the claimant for reasonable
attorney fees for the prosecution and collection of the claim.
Proposed law provides that "reasonable attorney fees" means attorney fees incurred before
judgment and after judgment if the judgment creditor is required to enforce the judgment
through a writ of fieri facias, writ of seizure and sale, judgment debtor examination, or other
post-judgment judicial process.
Proposed law provides that if the judgment creditor incurs attorney fees after judgment on
the principal demand, the judgment creditor may obtain a judgment for those attorney fees
which shall be added to the total to be recovered on the principal demand. Proposed law
provides for procedures for obtaining such judgment.
(Amends R.S. 9:2781(E); Adds R.S. 9:2781(F))
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Civil Law and Procedure
to the original bill.
1. Added procedures for obtaining a separate judgment for attorney fees incurred
subsequent to obtaining judgment on the principal demand.