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 2001 · Last verified July 30, 2026

In one sentenceArticle 2413 lets a judgment creditor move by contradictory motion against a garnishee who fails to answer within thirty days, treats that failure as prima facie proof the garnishee holds the debtor's property or owes the debtor money, and awards costs and attorney fees against the garnishee regardless of the outcome.

Full Text of Art. 2413 (Current Version)

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A. If the garnishee fails to answer within the delay provided by Article 2412, the judgment creditor may proceed by contradictory motion against the garnishee for the amount of the unpaid judgment, with interest and costs. When the garnishee is a state agency or department within the executive branch of state government, the party designated for service of garnishment petitions in Article 2412(B) shall be notified of the intent to file such a motion by certified mail at least fifteen days prior to the filing of the motion. The failure of the garnishee to answer prior to the filing of such a contradictory motion is prima facie proof that he has property of or is indebted to the judgment debtor to the extent of the judgment, interest, and costs.

B. Judgment shall be rendered against the garnishee on trial of the motion unless he proves that he had no property of and was not indebted to the judgment debtor. If on the trial of such motion, the garnishee proves the amount of such property or indebtedness, the judgment against the garnishee shall be limited to the delivery of the property or payment of the indebtedness, as provided in Article 2415.

C. Regardless of the decision on the contradictory motion, the court shall render judgment against the garnishee for the costs and a reasonable attorney fee for the motion.

Amendment History (Current Version)

Acts 1999, No. 886, §1; Acts 2001, No. 250, §1.

Full Text of Art. 2413 — Effective August 1, 2026

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(1) Judgment shall be rendered against the garnishee on trial of the motion unless he proves that he had no property of and was not indebted to the judgment debtor. If on the trial of such motion, the garnishee proves the amount of such property or indebtedness, the judgment against the garnishee shall be limited to the delivery of the property or payment of the indebtedness, as provided in Article 2415.

(2) If the judgment was rendered pursuant to this Paragraph against the garnishee as a result of his failure to appear after proper service, the garnishee shall have thirty days from service of the judgment to move for a new trial.

(3) Any motion for a new trial pursuant to Subparagraph (2) of this Paragraph shall be granted only if it includes an affidavit affirming the facts that the garnishee is required to prove under Subparagraph

(4) of this Paragraph.

(4) At any new trial granted pursuant to this Paragraph, the garnishee bears the burden of proof that he never had any property of and was never indebted to the judgment debtor during the pendency of the garnishment proceeding, or that he has satisfied the judgment to the full extent of the amount of such property or indebtedness actually in his possession at any time after the garnishment proceeding is commenced by service of the petition upon him.

C. Regardless of the decision on the contradictory motion, the court shall render judgment against the garnishee for the costs and a reasonable attorney fee for the motion. This shall include an award against the garnishee for the additional costs and a reasonable attorney fee actually incurred by the judgment creditor due to the fault of the garnishee in failing to initially respond.

Amendment History (Effective August 1, 2026 Version)

Amended by Acts 2026, No. 268, §1, eff. 8/1/2026. 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.

Source & verification. Article text is reproduced verbatim from the Louisiana Code of Civil Procedure (legis.la.gov). Enacted by the Louisiana Legislature. Last verified July 30, 2026. · Official source

Also known as: Article 2413 Louisianagarnishee fails to answer Louisianacontradictory motion against garnisheeprima facie proof garnishment Louisianagarnishee new trial motion 2026 amendment