ENROLLED
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ACT No. 695
Regular Session, 2010
HOUSE BILL NO. 398
BY REPRESENTATIVE LANDRY
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
creditor may obtain judgment for those attorney fees and additional court costs by21
filing a rule to show cause along with an affidavit from counsel for the judgment22
creditor setting forth the attorney fees incurred. If the judgment debtor does not file23
with the court a memorandum in opposition at least eight days prior to the hearing24 ENROLLEDHB NO. 398
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on the rule, the court may award the attorney fees and court costs as prayed for1
without the necessity of an appearance in court by counsel for the judgment creditor.2
The rule to show cause shall include notice to the judgment debtor of the3
consequences under this Subsection of not timely filing a memorandum in4
opposition. The amount of any post-judgment award of attorney fees and costs shall5
be added to the total to be recovered on the principal demand through any existing6
writ or garnishment proceedings.7
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: