Art. 2417.Garnishment In Court Other Than One Which Rendered Judgment
Book IV. Execution of Judgments · Title II. Money Judgments · Chapter 4. Garnishment Under a Writ of Fieri Facias · Last amended 1961 · Last verified July 30, 2026
Full Text of Art. 2417
Amendment History
Amended by Acts 1961, No. 23, §1.
Plain-English Summary
Article 2416 can send a fieri facias garnishment to a court other than the one that decided the underlying case, since venue follows the garnishee rather than the judgment. Article 2417 supplies the procedure for making that work, since the court where the garnishment is filed needs its own authority to act on a judgment it never rendered.
Before garnishing in that other court, the judgment must be made executory there under Article 2782, the procedure that gives a Louisiana judgment force and effect in a court beyond the one that originally rendered it. Once that step is complete, the garnishment proceeding runs the same way it would if filed in the rendering court itself.
The article also settles who can issue the writ of fieri facias directed to the sheriff, constable, or marshal of the court where the garnishment is filed. Either the court that rendered the original judgment, or the court that made the judgment executory, may issue that writ, giving the judgment creditor flexibility in how the garnishment gets underway.
Frequently Asked Questions
Can a garnishment proceeding be filed in a court that never decided the underlying case?
Yes. Article 2417 allows garnishment under a writ of fieri facias in a court other than the one that rendered the judgment, so long as the judgment is first made executory in that other court.
What does it mean to make a judgment "executory" in another court?
It refers to the procedure under Article 2782 that gives a Louisiana judgment force and effect in a court other than the one that originally rendered it, a necessary step before that other court can act to enforce it.
Which court issues the writ of fieri facias when garnishment happens elsewhere?
Either the court that rendered the original judgment or the court that made the judgment executory may issue the writ directed to the sheriff, constable, or marshal of the court where the garnishment is filed.
Does the garnishment procedure change when it is filed in a different court?
No. Once the judgment is made executory there, the garnishment proceeds the same way it would in the court that originally rendered the judgment, apart from the executory-judgment step itself.