Louisiana Repossession Laws

Louisiana Repossession Laws
TITLE STATE: Yes
SECURITY INTERESTS: Recorded on Title held by Lien holder.
LICENSE REGISTRATION: State of Louisiana, Dept. of Public Safety, Office of Motor Vehicles, 109 S. Foster Dr., Baton Rouge, Louisiana 70806. Tel: (225) 925-6146; Website WWW.DPS.STATE.LA. US/OMV/HOME.HTML).
RECOVERY REQUIREMENT: Effective January 1, 2005, Louisiana’s Act 191 ( “Additional Default Remedies Act” ) and Act 814 ( “Notice of Repossession” ) regarding Louisiana repossession permit a “secured party” or “a lessor” to take possession of collateral without judicial process provided: 1. ) prior to taking possession, a notice of intent is sent to all debtors, in writing, containing the specific wording: “Louisiana law permits repossession of motor vehicles without further notice or judicial process”, 2. ) a “payment” default exceeding 30 days ( monthly installment contracts ) or 60 days ( weekly or bi-weekly contracts ) exists, 3. ) no “breach of the peace” occurs in the act of retaking, 4. ) the individual who physically repossesses collateral must be licensed by the State of Louisiana-Office of Financial Institutions, 5. ) in the event a tow truck is used, the owner, or operator, shall possess a common carrier certificate issued by the Louisiana Public Service Commission, and 6. ) within three days of taking possession, the secured party files a “Notice of Repossession” with the recorder of mortgages in the Parish where the collateral was located and with the appropriate official Constable of the Justice of The Peace Court, Constable or Marshal of the City Court or the Parish Sheriff as determined by the debtor’s last known address. Fees of $75.00 to the “Recorder of Mortgages” and $250.00 to the appropriate “official” must be paid at the time of filing. Both a “Notice of Sale” and a “Notice of Disposal” are follow-up requirements and prerequisites to perfecting a deficiency ( R. S. 10 : 9-613, et seq. ). Act 670 allows a motor vehicle dealer to use self-help if a prospective purchaser fails to return a credit rejected vehicle 25 days after delivery and after 48 hrs. notice.
DOCUMENTS REQUIRED FOR LIQUIDATION: Vehicle may be sold on any State’s Lien Released and Lienholder Assigned Title provided it is “federally conforming” and is accompanied by a “notarized” Affidavit of Possession and, if not self-helped, a photocopy of the Debtor’s signed Release. If Title is non-federally conforming, substitute a “federally conforming”, “notarized” Bill of Sale in lieu of assigning said Title. All documents must be completed accurately and devoid of any type of white out or line out corrections.
PLATES: The licensing State’s Motor Vehicle Laws govern whether plates remain with the vehicle or with the registered owner. Louisiana plates remain with the registered owner. The only exception is with Leased Vehicles that always remain with the vehicle.

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