CCRP 349.7 - Enforcement of judgment - Louisiana Statutes

Art. 349.7. Enforcement of judgment

A.(1) No judgment of bond forfeiture rendered on or after August 15, 1997, shall be enforced until after the expiration of one hundred ninety days after the date of mailing the notice of the signing of the judgment of bond forfeiture for bonds that have a face value under fifty thousand dollars, or until after the expiration of two hundred eighty days for bonds that have a face value of fifty thousand dollars or more.

(2) The court may provide by court rule for the filing of an offset claim against the principal with the secretary of the Department of Revenue, in accordance with R.S. 47:299.1 et seq.

(3) If, after the expiration of one hundred ninety days after the date of mailing the notice of the signing of the judgment of bond forfeiture for bonds that have a face value under fifty thousand dollars, or after the expiration of two hundred eighty days for bonds that have a face value of fifty thousand dollars or more, a judgment of bond forfeiture against a commercial surety company has not been suspensively appealed or satisfied, or if proceedings, other than a devolutive appeal challenging the bond forfeiture have not been timely filed, the prosecuting attorney may either file a rule to show cause with the commissioner of insurance in accordance with R.S. 22:1441 or collect the judgment in the same manner as a civil judgment.

B. The timely filing of a suspensive appeal shall suspend the enforcement of the judgment of the bond forfeiture.

C. A judgment of bond forfeiture shall not be set aside because of the invalidity of the information required by the provisions of this Article or for the failure to include the information required by the provisions of this Article.

Acts 2010, No. 710, §2; Acts 2010, No. 914, §1.