Current as of January 01, 2019 | Updated by FindLaw Staff
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A third possessor may plead discussion in an injunction suit to restrain the enforcement of a legal or judicial mortgage against his property. Discussion may be pleaded by a surety or transferee in a revocatory action only in the dilatory exception.
In pleading discussion, the secondary obligor shall:
(1) Point out by a description sufficient to identify it, property in the state belonging to the primary obligor, or otherwise subject to discussion, which is not in litigation, is not exempt from seizure, is free of mortgages and privileges, and is worth more than the total amount of the judgment or mortgage; and
(2) Deposit into the registry of the court, for the use of the creditor, an amount sufficient to defray the costs of executing the judgment or enforcing the mortgage against the property discussed.
(a) Except as provided by Subsection (b) of this section, this chapter does not affect any provision of a municipal ordinance regulating the sale or possession of horsemeat or the licensing of horsemeat dealers.
(b) A municipal ordinance that directly conflicts with this chapter has no effect.
Cite this article: FindLaw.com - Louisiana Code of Civil Procedure Tit. I, Art. 5155. Pleading discussion - last updated January 01, 2019 | https://codes.findlaw.com/la/code-of-civil-procedure/la-code-civ-proc-tit-i-art-5155/
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