HLS 18RS-3538 REENGROSSED
2018 Regular Session
HOUSE CONCURRENT RESOL UTION NO. 88
BY REPRESENTATIVE JAMES
PRESCRIPTION: Provides relative to a study of the issue of courts raising prescription sua
sponte
1 A CONCURRENT RESOL UTION
2To urge and request the Louisiana State Law Institute to study the effects of enacting a law
3 that would amend Code of Civil Procedure Article 927 and Civil Code Article 3452
4 to allow courts to raise prescription sua sponte in lawsuits and to report its findings
5 of the study to the legislature no later than February 1, 2019.
6 WHEREAS, Louisiana Civil Code Article 3494 states that the prescriptive period for
7an action on an open account is subject to a liberative prescription period of three years; and
8 WHEREAS, Civil Code Article 3452 and Code of Civil Procedure Article 927(B)
9state that prescription must be pleaded and the court is not permitted to supply a plea of
10prescription; and
11 WHEREAS, prescription is the only peremptory exception that may not be raised by
12the court; and
13 WHEREAS, a default judgment can be rendered on a prescribed debt and result in
14wage garnishments for unrepresented defendants; and
15 WHEREAS, filing suit on a prescribed debt can result in legally unenforceable
16obligations becoming enforceable against unrepresented consumers; and
17 WHEREAS, filing suit after the prescriptive period is a violation of the Fair Debt
18Collection Practices Act.
19 THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby
20urge and request the Louisiana State Law Institute to commission a study regarding a law
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HCR NO. 88
1that would allow the courts to raise prescription sua sponte in lawsuits and to report its
2findings of the study to the Louisiana Legislature no later than February 1, 2019.
3 BE IT FURTHER RESOLVED that a suitable copy of this Resolution be transmitted
4to the director of the Louisiana State Law Institute.
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)]
HCR 88 Reengrossed 2018 Regular Session James
Requests the Louisiana State Law Institute to commission a study regarding a law that would
allow the courts to raise prescription sua sponte in lawsuits and to report the findings to the
Louisiana Legislature no later than February 1, 2019.
Summary of Amendments Adopted by House
The House Floor Amendments to the engrossed bill:
1. Delete certain references to suits on open accounts.
2. Delete the reference to the Louisiana Appleseed report and its findings.
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