HLS 14RS-923 ENGROSSED
Page 1 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2014
HOUSE BILL NO. 539
BY REPRESENTATIVE STOKES
SEIZURES/SALES: Provides relative to time delays and methods of timely submission of
notices of repossession
AN ACT1
To amend and reenact R.S. 6:966.1(A)(introductory paragraph), (B), and (C), and to enact2
R.S. 6:966.1(E) relative to default remedies; to amend the time delay for submission3
of a notice of repossession; to provide for the methods of submission of the notice;4
to provide for proof of the notice; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 6:966.1(A)(introductory paragraph), (B), and (C) and are hereby7
amended and reenacted and R.S. 6:966.1(E) is hereby enacted to read as follows: 8
ยง966.1. Notice of repossession; contents; fees9
A. Within three business days of taking possession of collateral, a secured10
party who utilizes the additional default remedies provided by this Chapter to obtain11
possession of collateral shall file deliver in person or send by mail a "Notice of12
Repossession" with to the recorder of mortgages in the parish where the collateral13
was located and with to the appropriate official for filing purposes. The "Notice of14
Repossession" shall contain the debtor's name, last known address, date of birth, and15
a description of the collateral repossessed. If the "Notice of Repossession" is sent16
by mail, the timeliness of the mailing shall be shown only by an official United17
States postmark or by official receipt or certificate from the United States Postal18
Service. For purposes of this Section, the appropriate official shall be:19
* * *20
B. Within three business days of taking possession of collateral, The the21
secured party shall deliver in person or send by mail a pay payment of seventy-five22 HLS 14RS-923 ENGROSSED
HB NO. 539
Page 2 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
dollars to the recorder of mortgages and two hundred fifty dollars to the appropriate1
official for each "Notice of Repossession" filed. If the payment is sent by mail, the2
timeliness of the mailing shall be shown only by an official United States postmark3
or by official receipt or certificate from the United States Postal Service.4
C. If the sheriff is the appropriate official in the parish of Orleans, then there5
shall be no fee paid to the sheriff; however, the "Notice of Repossession" shall still6
be filed with the sheriff pursuant to the requirement set forth in Subsection A of this7
Section.8
* * *9
E. If the "Notice of Repossession" is sent by mail pursuant to the provisions10
of this Section, the secured party shall retain evidence of proof of receipt by the11
recipient in order to prove timely delivery.12
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)]
Stokes HB No. 539
Abstract: Amends the time delay and methods of timely submission relative to a "Notice
of Repossession" and payments of certain fees.
Present law requires a secured party utilizing additional default remedies in obtaining
possession of collateral to file a "Notice of Repossession" with the recorder of mortgages in
the parish where the collateral was located and with the appropriate official within three days
of taking possession of collateral.
Proposed law deletes the three-day filing period of present law. Proposed law requires a
secured party's "Notice of Repossession" to be delivered in person or sent by mail to the
recorder of mortgages and to the appropriate official within three business days of taking
possession of the collateral. The timeliness of a notice sent by mail is shown only by official
U.S. postmark, receipt, or certificate of the U.S. Postal Service.
Present law requires a secured party to pay $75 to the recorder of mortgages and $250 to the
appropriate official for each "Notice of Repossession" filed. Proposed law adds to present
law and requires the payments to be delivered in person or sent by mail within three business
days of taking possession of the collateral. The timeliness of a payment sent by mail is
shown only by official U.S. postmark, receipt, or certificate of the U.S. Postal Service.
Present law provides that if the sheriff is the appropriate official in Orleans Parish, no fee
shall be paid to the sheriff; however, the "Notice of Repossession" shall still be filed with
the sheriff. Proposed law adds to present law and provides for the notice to be delivered in
person or sent by mail to the sheriff within three business days of taking possession of the HLS 14RS-923 ENGROSSED
HB NO. 539
Page 3 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
collateral. The timeliness of a notice sent by mail is shown only by official U.S. postmark,
receipt, or certificate of the U.S. Postal Service.
Proposed law requires proof of receipt by the recipient if "Notice of Repossession" is sent
by mail.
(Amends R.S. 6:966.1(A)(intro. para.), (B), and (C); Adds R.S. 6:966.1(E))
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Judiciary to the original bill.
1. Added the requirement that the "Notice of Repossession" shall contain proof of
receipt by the recipient if sent by mail.