HLS 16RS-4934 ORIGINAL
2016 Regular Session
HOUSE STUDY REQUEST NO. 2
BY REPRESENTATIVE SEABAUGH
PRESCRIPTION: Requests the House Committee on Civil Law and Procedure to study the
liberative prescriptive period applicable to certain actions
1 A STUDY REQUEST
2To the House Committee on Civil Law and Procedure to study extending the liberative
3 prescriptive period applicable to certain actions, and to report its findings to the
4 House of Representatives prior to the convening of the 2017 Regular Session.
5 WHEREAS, existing law provides a three-year liberative prescriptive period for
6actions based in contract for the recovery of compensation, actions for the arrearage of rent
7and annuities, actions on money lent, actions on open accounts, and actions to recover
8underpayments or overpayments of royalties from the production of minerals; and
9 WHEREAS, in certain cases, a three-year liberative prescriptive period does not
10provide sufficient time within which to resolve the contractual issues prior to being required
11to file suit in order to protect a creditor's rights to collect money owed; and
12 WHEREAS, House Bill No. 492 of the 2015 Regular Session was introduced to
13extend the three-year liberative prescriptive period to a new seven-year liberative
14prescriptive period for certain actions based in contract in order to allow creditor and debtor
15sufficient time to resolve issues with their contracts prior to bringing an action to enforce the
16contract.
17 THEREFORE, the House of Representatives of the Legislature of Louisiana requests
18the House Committee on Civil Law and Procedure to study extending the liberative
19prescriptive period applicable to certain actions and to report its findings to the House of
20Representatives prior to the convening of the 2017 Regular Session.
Page 1 of 2 HLS 16RS-4934 ORIGINAL
HSR NO. 2
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)]
HSR 2 Original 2016 Regular Session Seabaugh
Requests the House Committee on Civil Law and Procedure to study extending the liberative
prescriptive period applicable to certain actions, and to report its findings to the House of
Representatives prior to the convening of the 2017 R.S.
Page 2 of 2