Book IV. Execution of Judgments · Title II. Money Judgments · Chapter 4. Garnishment Under a Writ of Fieri Facias · Last amended 1989 · Last verified July 30, 2026
Amended by Acts 1964, No. 4, §1; Acts 1989, No. 117, §1.
Garnishment functions as a proceeding against the garnishee, the third party being asked to answer for property or a debt, not an extension of the original suit against the judgment debtor. Article 2416 reflects that structure by tying venue for a fieri facias garnishment to the garnishee, not to the debtor or to the court that rendered the underlying judgment. Venue lies in the parish where the garnishee could itself be sued under the Code's general venue provisions for the type of party the garnishee is.
That approach makes practical sense. The creditor is asking a court to compel the garnishee, often a bank or an employer with no connection to where the original judgment was rendered, to answer and eventually turn over property or money. Anchoring venue to the garnishee's own amenability to suit keeps the proceeding in a court that has a legitimate connection to that party.
Garnishment under a writ of attachment or sequestration works differently when the underlying action is against a resident of Louisiana. There, Article 2416 allows venue in any parish where the debtor could be sued, reflecting that attachment and sequestration proceedings are more directly tied to securing the debtor's own property before judgment rather than collecting after one.
In the parish where the garnishee could itself be sued under the Code's general venue rules for that type of party, not necessarily the parish where the underlying judgment was rendered.
For a fieri facias garnishment, yes. For a garnishment under a writ of attachment or sequestration against a resident debtor, Article 2416 instead allows any parish where that debtor could be sued.
Because garnishment is a proceeding against the garnishee, a third party who may have no connection to that court. Article 2416 ties venue to where the garnishee itself is amenable to suit instead.
Yes. Article 2416 sets a different venue rule for each: garnishee-based venue under a writ of fieri facias, and debtor-based venue, for any parish where a resident debtor could be sued, under a writ of attachment or sequestration.