HLS 20RS-605 ORIGINAL
2020 Regular Session
HOUSE BILL NO. 340
BY REPRESENTATIVE LANDRY
PRESCRIPTION: Provides relative to the liberative prescription of actions on loans for
payment of certain costs of postsecondary education
1 AN ACT
2To amend and reenact R.S. 9:5701(A) and to enact R.S. 9:5648, relative to liberative
3 prescription; to provide relative to loans for payment of certain costs of
4 postsecondary education; to provide for a prescription period of five years for actions
5 on such loans; to provide for commencement of prescription; and to provide for
6 related matters.
7Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 9:5701(A) is hereby amended and reenacted and R.S. 9:5648 is
9hereby enacted to read as follows:
10 §5648. Postsecondary education loan; action on default of postsecondary education
11 loan
12 Notwithstanding any provision of law to the contrary, actions on contracts or
13 promissory notes securing the repayment of a loan assisting individuals in meeting
14 the expenses of postsecondary education, including graduate, professional,
15 vocational, business, or technical education, shall be subject to a liberative
16 prescription of five years. This prescription commences from the day payment is
17 exigible.
18 * * *
19 §5701. Debts due charitable or educational institution or fund
20 A. Except as provided in Subsection B of this Section and R.S. 9:5648,
21 actions for debts including student loans, stipends, or benefits due to any charitable
Page 1 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 20RS-605 ORIGINAL
HB NO. 340
1 or educational institution in the state or to any fund bequeathed for charitable or
2 educational purposes, or educational obligations owed to the state or its agencies,
3 other than obligations created under the Federal Family Education Loan Program,
4 are prescribed by thirty years, provided the debt is evidenced in writing.
5 * * *
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)]
HB 340 Original 2020 Regular Session Landry
Abstract: Enacts a five year liberative prescriptive period for actions on postsecondary
education loans.
Present law provides that actions on debts to any charitable or educational institution or
educational obligations owed to the state or its agencies are subject to a 30 year liberative
prescriptive period.
Proposed law excludes postsecondary education loans from the present law 30 year
liberative prescriptive period.
Proposed law creates a five year liberative prescriptive period on actions on contracts or
promissory notes securing the repayment of a postsecondary education loan.
(Amends R.S. 9:5701; Adds R.S. 9:5648)
Page 2 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.