SLS 16RS-491 ENGROSSED
2016 Regular Session
SENATE BILL NO. 233
BY SENATOR JOHNS
SEIZURES/SALES. Provides relative to additional default remedies by certain debtors
under certain secured transactions. (8/1/16)
1 AN ACT
2 To amend and reenact R.S. 6:965(C)(2) and 966.1(A)(3), relative to the Additional Default
3 Remedies Act; to provide for definitions; to provide for requirements of the
4 appropriate official; to provide terms, conditions, and requirements; and to provide
5 for related matters.
6 Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 6:965(C)(2) and 966.1(A)(3) are hereby amended and reenacted to
8 read as follows:
9 §965. Scope and definitions
10 * * *
11 C. As used in this Chapter, the following terms shall have the following
12 meanings:
13 * * *
14 (2) "Collateral" shall refer to "motor vehicles" and motorcycles, and shall
15 have the meaning set forth in R.S. 32:1252.
16 * * *
17 §966.1. Notice of repossession; contents; fees
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 233
SLS 16RS-491 ENGROSSED
1 A. Within three business days of taking possession of collateral, a secured
2 party who utilizes the additional default remedies provided by this Chapter to obtain
3 possession of collateral shall deliver in person or send by mail a "Notice of
4 Repossession" to the recorder of mortgages in the parish where the collateral was
5 located and to the appropriate official for filing purposes. The "Notice of
6 Repossession" shall contain the debtor's name, last known address, date of birth, and
7 a description of the collateral repossessed. If the "Notice of Repossession" is sent by
8 mail, the timeliness of the mailing shall be shown only by an official United States
9 postmark or by official receipt or certificate from the United States Postal Service
10 or private delivery service. For purposes of this Section, the appropriate official shall
11 be:
12 * * *
13 (3) The sheriff for the parish of the debtor's last known address, if there is no
14 other appropriate official as defined in this Subsection. Notwithstanding
15 Paragraphs (A)(1) and (2) of this Subsection, if a secured party files a "Notice
16 of Repossession" with the sheriff for the parish of the debtor's last known
17 address then the sheriff is deemed to be the appropriate official and the secured
18 party has satisfied the requirements of this Subsection.
19 * * *
The original instrument was prepared by J. W. Wiley. The following digest,
which does not constitute a part of the legislative instrument, was prepared
by Benjamin A. Huxen II.
DIGEST
SB 233 Engrossed 2016 Regular Session Johns
Present law provides for certain definitions and procedures for the Additional Default
Remedies Act.
Present law defines "collateral" to mean "motor vehicles" and as defined in R.S. 32:1252.
Proposed law retains present law and adds "motorcycles" to the definition of "collateral".
Present law provides who is the appropriate official for purposes of filing the "Notice of
Repossession".
Proposed law retains present law and provides that if a secured party files a "Notice of
Repossession" with the sheriff for the parish of the debtor's last known address then the
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 233
SLS 16RS-491 ENGROSSED
sheriff is deemed to be the appropriate official and the secured party has satisfied the
requirements of present law.
Effective August 1, 2016.
(Amends R.S. 6:965(C)(2) and 966.1(A)(3))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary A to the
original bill
1. Deletes "all-terrain vehicles" from the definition of collateral.
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.