HLS 12RS-946 REENGROSSED
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Regular Session, 2012
HOUSE BILL NO. 455
BY REPRESENTATIVE ABRAMSON
DIVORCE: Provides with respect to responsibilities and obligations of certain banks when
served with an injunctive or temporary restraining order in domestic matters
AN ACT1
To amend and reenact R.S. 9:371 and Code of Civil Procedure Article 3604(B)(introductory2
paragraph) and (3) and to enact Code of Civil Procedure Article 3604(D) and (E),3
relative to injunctions; to provide for service of injunctions, preliminary injunctions,4
and temporary restraining orders on federally insured financial institutions; to5
provide for liability of federally insured financial institutions for compliance with6
injunctions, preliminary injunctions, and temporary restraining orders; and to provide7
for related matters.8
Be it enacted by the Legislature of Louisiana:9
Section 1. R.S. 9:371 is hereby amended and reenacted to read as follows: 10
ยง371. Injunction against alienation or encumbrance; spouse's right to demand 11
A. In a proceeding for divorce, a spouse may obtain an injunction restraining12
or prohibiting the disposition or encumbrance of community property until further13
order of the court.14
B. To be effective against a federally insured financial institution, an15
injunction granted under the provisions of this Section shall be served in accordance16
with the provisions of R.S. 6:285(C). An injunction granted pursuant to the17
provisions of this Section shall be effective only against accounts, safe deposit boxes,18
or other assets listed or held in the name of the following:19
(1) One or both of the spouses named in the injunction.20 HLS 12RS-946 REENGROSSED
HB NO. 455
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(2) Another party or business entity specifically named in the injunction.1
C. A federally insured financial institution shall not be liable for loss or2
damages resulting from its actions to comply with the injunction provided that the3
requirements of this Section have been met.4
Section 2. Code of Civil Procedure Article 3604(B)(introductory paragraph) and (3)5
are hereby amended and reenacted and Code of Civil Procedure Article 3604(D) and (E) are6
hereby enacted to read as follows: 7
Art. 3604. Form, contents, and duration of restraining order8
* * *9
B. Nevertheless, in a suit for divorce, a temporary restraining order issued10
in conjunction with a rule to show cause for a preliminary injunction shall remain in11
force until a hearing is held on the rule for the preliminary injunction prohibiting a12
spouse from:13
(1) Disposing of or encumbering community property;14
(2) Harming the other spouse or a child; or15
(3) Removing a child from the jurisdiction of the court, in a suit for divorce16
shall remain in force until a hearing is held on the rule for the preliminary injunction.17
* * *18
D. To be effective against a federally insured financial institution, a19
temporary retraining order or preliminary injunction issued in accordance with20
Subparagraph (B)(1) of this Section shall be served in accordance with the provisions21
of R.S. 6:285(C). A temporary restraining order or preliminary injunction granted22
pursuant to the provisions of this Section shall be effective only against accounts,23
safe deposit boxes, or other assets listed or held in the name of the following:24
(1) One or both of the spouses named in the injunction.25
(2) Another party or business entity specifically named in the injunction.26
E. A federally insured financial institution shall not be liable for loss or27
damages resulting from its actions to comply with a temporary restraining order or28
preliminary injunction provided that the requirements of this Section have been met.29 HLS 12RS-946 REENGROSSED
HB NO. 455
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are additions.
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)]
Abramson HB No. 455
Abstract: Provides that banks only have to comply with injunctions, temporary restraining
orders, and preliminary injunctions in domestic matters if service is made personally
on a registered agent of the bank.
Present law provides for service of citation or other legal process on a bank to be made by
personal service on a registered agent.
Present law provides relative to injunctions prohibiting a spouse from disposing of property
during divorce proceedings.
Proposed law retains present law and provides that a bank shall only be required to comply
with injunctions that are served personally on a registered agent of the bank. Further
provides for application only on accounts, safe deposit boxes, or other assets in the name of
the one or both of the spouses or any other specifically listed in the injunction. Provides for
limited liability of the bank for compliance with an injunction.
Present law provides for the issuance of temporary restraining orders and preliminary
injunctions.
Proposed law retains present law and provides that a bank shall only be required to comply
with temporary restraining orders and preliminary injunctions that are served personally on
a registered agent of the bank. Further provides for application only on accounts, safe
deposit boxes, or other assets in the name of one or both of the spouses or any other
specifically listed in the injunction. Provides for limited liability of the bank for compliance
with a temporary restraining order or preliminary injunction.
(Amends R.S. 9:371 and C.C.P. Art. 3604(B)(intro. para.) and (3); Adds C.C.P. Art. 3604(D)
and (E))