The debtor shall be sworn to tell the truth in the same manner as a witness in a civil action. No testimony given by a debtor shall be used in any criminal proceeding against him, except for perjury committed at such examination.
Art. 2454.Oath; Testimony Not Used In Criminal Proceedings
Book IV. Execution of Judgments · Title II. Money Judgments · Chapter 5. Examination of Judgment Debtor · Amendment history unavailable · Last verified July 30, 2026
In one sentenceArticle 2454 requires the judgment debtor to testify under the same oath a civil witness takes, and shields that testimony from use against the debtor in any later criminal proceeding, except a prosecution for perjury committed during the examination itself.
Full Text of Art. 2454
Plain-English Summary
An examination that turns on questions about hidden or transferred assets could, in another context, raise self-incrimination worries -- money moved to avoid a debt can shade into fraud, and a debtor might be tempted to stay quiet rather than answer in full. Article 2454 addresses that tension directly.
First, it puts the debtor on the same footing as any other witness in a civil case, sworn to tell the truth under the obligations that come with taking that oath in court.
Second, and more consequentially, it grants a form of use immunity. Nothing the debtor says during the examination can be used against him in a criminal proceeding. That immunity lets the debtor answer questions about assets, income, and property without fear that the answers themselves will become evidence in an unrelated or related criminal case.
The immunity has one carve-out: perjury committed at the examination. A debtor who lies under oath during the examination can still be prosecuted for that lie, using the false testimony as evidence. The protection covers truthful answers about the debtor's affairs; it does not cover false ones given at the same proceeding.
Frequently Asked Questions
Can testimony from a debtor examination be used against the debtor in a criminal case?
No, except for a prosecution for perjury committed at the examination. Otherwise the testimony is shielded from use in any criminal proceeding against the debtor.
What oath does the debtor take during the examination?
The same oath a witness takes in a civil action, sworn to tell the truth.
Is a debtor protected if he lies during the examination?
No. The immunity does not cover perjury committed at the examination, so a debtor who lies under oath can be prosecuted for that.
Why does Louisiana grant immunity for testimony given at a debtor examination?
To encourage the debtor to answer candidly about property and finances without fear that truthful answers will later be used as evidence in a criminal case.
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: judgment debtor examination immunity LouisianaArticle 2454 Louisianacan debtor testimony be used criminallydebtor examination oath Louisianaperjury exception judgment debtor examination