Limitation in Louisiana

Limitation in Louisiana

In the Past

Louisiana (see more about this State laws here). The Civil Code, book 3, title 23, chapter 1, section 3, gives as follows: I. Of the prescription of one year. Art. 3499. The action of justices of the peace and notaries and people performing their duties, as well as constables, for the fees and emoluments which are due to them in their official capacity that of muters and instructors in the arts and sciences, for lessons which they give by the month; that of innkeepers and such others, on account of lodging and board which they give; that of retailers of provisions and liquors; that of workmen, laborers and servants, for the payment of their wages; that for the payment of the freight of ships and other vessels, the wages of the officers, sailors and others of the crew; that for the delivery of wood and other things necessary for the construction, equipment and provisioning of ships and other vessels, are prescribed by one year.

3500. In the cases mentioned in the preceding article, the prescription takes place, although there may have been a regular coutinuauce of supplies or of labor or other service. It only ceases, from the time when there has been an account acknowledged, a note or bond or a suit instituted. However, with respect to the wages of officers, sailors and others of the crew of a ship, this prescription runs only from the day when the voyage is completed.

3501. The actions for injurious words, whether verbal or written and that for damages caused by slaves or animals or resulting from offences or quasi offences; that which a possessor may institute, to have himself main-tained or restored to his possession, when he has been disturbed or evicted; that for the delivery of goods or other effects, shipped on board any kind of vessels; that for damage sustained by goods on board ships or which may have happened by ships running foul of each other, are prescribed by one year. 3502. The prescription mentioned in the preceding article, runs, with respect to the goods injured or not delivered from the day of the arrival of the vessel or that on which she ought to have arrived; and in the other cases, from that on which the injurious words, disturbance or damage were sustained. II. Of the prescription of three years. Art. 3503. The action for arrearages of rent charge, annuities and alimony or of the hire of movables or immovables; that for the payment of money lent; for the salaries of overseers, clerks, secretaries and of teachers of the sciences, for lessons by the year or quarter; that of physicians, surgeons and apothecaries, for visits, opera- tions and medicines: that of parish judges sheriffs, clerks and attorneys, for their fees and emoluments, are prescribed by three years, unless there be an account acknowledged, a note or bond given or an action commenced before that time.

3504. The action of parties against their attorneys for the return of papers delivered to them for the interest of their suits, is prescribed also by three years, reckoning from the day when judgment was makeed in the suit or from the revocation of the powers of the attorneys.

III. Of the prescription of five years. Art. 3505. Actions on bills of exchange, notes payable to order or bearer, except bank notes, those on all effects negotiable or transferable by endorsement or delivery, are prescribed by five years, reckoning from the day when these engagements were payable. 3506. The prescription mentioned in the preceding article and those described above in the paragraphs, I. and II., run against minors and interdicted people, reserving, however, to them their recourse against their tutors or curators. They run also against people residing out of the state.

3507. The action of nullity or rescission of contracts, testaments or other acts; that for the cut of excessive donations; that for the rescission of partitions and guaranty of the portions, are prescribed by five years when the person entitled to exercise them is in the state and ten years if he be out of it. This prescription only commences against minors after their majority. IV. Of the prescription of ten years. Art. 3508. In general, all personal actions, except those above enumerated, are prescribed by ten years, if the creditor be present and by twenty years, if he be absent.

3509. The action against an promiser or architect, for defect of construction of buildings of brick or stone, is prescribed by ten years. 3610. If a master suffer a slave to enjoy his liberty for ten years, during his residence in the state or for twenty years while out of it, he must lose all right of action to recover possession of the slave, unless the slave be a runaway or fugitive.

3511. The rights of usufruct, use and habitation and services, are lost, by non-use for ten years, if the person having a right to enjoy them, be in the state and by twenty years, if he be absent.

V. Of the prescription of thirty years. Art. 3512. All actions for immovable property or for an entire estate as a succession, are prescribed by thirty years, whether the parties be present or absent from the state. 3513. Actions for the revindication of slaves are prescribed by fifeen years, in the same way as in the preceding article.

VI. Of the rules relative to the prescription operating a discharge from debts. Art. 3514. In cases of prescription releasing debts, one may prescribe against a title created by himself, that is, against an obligation which be has contracted.

3515. Good faith not being needd on the part of the person pleading this prescription, the creditor cannot compel him or his heirs to swear whether the debt has or has not been paid, but can only blame himself for not having taken his measures within the time directed by law; and it may be that the debtor may not be able to take any positive oath on the subject.

3516. The prescription releasing debts is interrupted by all such causes as interrupt the prescription by which property is acquired and which have been explained in the first section of this chapter. It is also interrupted by the causes explained in the following articles.

3517. A citation served upon one joint debtor or his acknowledgment of the debt, interrupts the prescription with regard to all the others and, even their heirs. A citation served on one of the heirs of a joint debtor or the acknowledgment of such heir, does not interrupt the prescription with regard to the other heirs, even if the debt was by mortgage, if the obligation be not indivisible. This citation or acknowledgment does not interrupt the prescription, with regard to the other co-debtors, except for that portion for which such heir is bound. To interrupt this prescription for the whole, with regard to the other co-debtors, it is necessary, either that the citations be served on all or the acknowledgment be made by all the heirs. 3518. A citation served on the main debtor or his acknowledgment, interrupts the prescription on the part of the surety. 3519. Prescription does not run against minors and people under interdiction, except in the cases specified above.

3520. Prescription runs against the wife, even although she be not separated of property by marriage contract or by authority of law, for all such credits as she brought in marriage to her husband or for whatever has been promised to her in dower; but the husband continues responsible to her. [1]

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Notes and References

  1. Partialy, this information about limitation is based on the Bouvier´s Law Dictionary, 1848 edition. There is a list of terms of the Bouvier´s Law Dictionary, including limitation.

See Also

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