Art. 2413.Effect of Garnishee's Failure to Answer
Book IV. Execution of Judgments · Title II. Money Judgments · Chapter 4. Garnishment Under a Writ of Fieri Facias · Last amended 2026 · Last verified July 30, 2026
Full Text of Art. 2413 (Current Version)
Amendment History (Current Version)
Amended by Acts 2026, No. 268, §1, eff. 8/1/2026. Acts 1999, No. 886, §1; Acts 2001, No. 250, §1.
Former Text of Art. 2413 — Effective Until August 1, 2026
Amendment History (Version Effective Until August 1, 2026)
Acts 1999, No. 886, §1; Acts 2001, No. 250, §1.
Plain-English Summary
A garnishee who lets the thirty-day answer deadline pass does not get to sit quietly on the sidelines. Article 2413 lets the judgment creditor bring a contradictory motion against the garnishee for the full amount of the unpaid judgment, with interest and costs. If the garnishee is a state agency or department within the executive branch, the creditor must first send fifteen days' certified-mail notice of the intent to file that motion to whichever office Article 2412 designates for service.
The failure to answer carries real evidentiary weight: it counts as prima facie proof that the garnishee has property of, or is indebted to, the judgment debtor, up to the amount of the judgment, interest, and costs. That shifts the burden onto the garnishee at the hearing on the motion. Judgment against the garnishee follows unless the garnishee proves he had no property of and was not indebted to the debtor; if the garnishee proves only a lesser amount, the judgment against him is limited to delivering that property or paying that amount, under Article 2415. Whichever way the motion comes out, the court awards the garnishee's costs and a reasonable attorney fee for the motion against the garnishee.
An amendment effective August 1, 2026 gives a defaulting garnishee a further avenue for relief, while raising the price of using it. Where judgment was entered against the garnishee because he failed to appear after proper service, he gets thirty days from being served with that judgment to move for a new trial, but the motion succeeds only if it includes an affidavit affirming the facts the garnishee must prove: that he never held property of or owed a debt to the judgment debtor during the garnishment, or that he has already paid over whatever property or indebtedness he did have. At that new trial, the burden of proving those facts falls on the garnishee. The amendment also expands the attorney-fee award, making clear it covers the additional costs and fees the creditor incurs because the garnishee's own fault in failing to answer forced a second round of litigation.
Frequently Asked Questions
What happens if a garnishee never files an answer in a Louisiana garnishment proceeding?
The judgment creditor can proceed by contradictory motion against the garnishee for the full amount of the unpaid judgment, and the failure to answer serves as prima facie proof the garnishee holds the debtor's property or owes the debtor money.
Can the garnishee still avoid judgment after missing the answer deadline?
Yes, at the hearing on the contradictory motion, by proving he had no property of and was not indebted to the judgment debtor, or by proving a lesser amount, which limits the judgment against him accordingly.
Does the garnishee have to pay attorney fees even if the motion goes his way in part?
Yes. Article 2413 requires the court to award costs and a reasonable attorney fee for the motion against the garnishee regardless of how the contradictory motion is decided.
What relief will a defaulting garnishee have starting August 1, 2026?
A garnishee against whom judgment was entered for failing to appear after proper service will have thirty days from being served with that judgment to move for a new trial, but only by submitting an affidavit affirming the facts he must prove, and he will bear the burden of proving those facts at the new trial.
Will the 2026 amendment make it more expensive for a garnishee who ignored the interrogatories?
Yes. It expands the attorney-fee award to cover the additional costs and fees the judgment creditor incurs because the garnishee's own fault in failing to answer required a second round of proceedings.