ENROLLED
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ACT No. 582
Regular Session, 2012
HOUSE BILL NO. 455
BY REPRESENTATIVE ABRAMSON
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
(2) Another party or business entity specifically named in the injunction.21 ENROLLEDHB NO. 455
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C. A federally insured financial institution shall not be liable for loss or1
damages resulting from its actions to comply with the injunction provided that the2
requirements of this Section have been met.3
Section 2. Code of Civil Procedure Article 3604(B)(introductory paragraph) and (3)4
are hereby amended and reenacted and Code of Civil Procedure Article 3604(D) and (E) are5
hereby enacted to read as follows: 6
Art. 3604. Form, contents, and duration of restraining order7
* * *8
B. Nevertheless, in a suit for divorce, a temporary restraining order issued9
in conjunction with a rule to show cause for a preliminary injunction shall remain in10
force until a hearing is held on the rule for the preliminary injunction prohibiting a11
spouse from:12
(1) Disposing of or encumbering community property;13
(2) Harming the other spouse or a child; or14
(3) Removing a child from the jurisdiction of the court, in a suit for divorce15
shall remain in force until a hearing is held on the rule for the preliminary injunction.16
* * *17
D. To be effective against a federally insured financial institution, a18
temporary retraining order or preliminary injunction issued in accordance with19
Subparagraph (B)(1) of this Article shall be served in accordance with the provisions20
of R.S. 6:285(C). A temporary restraining order or preliminary injunction granted21
pursuant to the provisions of this Article shall be effective only against accounts,22
safe deposit boxes, or other assets listed or held in the name of the following:23
(1) One or both of the spouses named in the injunction.24
(2) Another party or business entity specifically named in the injunction.25 ENROLLEDHB NO. 455
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E. A federally insured financial institution shall not be liable for loss or1
damages resulting from its actions to comply with a temporary restraining order or2
preliminary injunction provided that the requirements of this Article have been met.3
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: