Persons having competing or conflicting claims may be impleaded in a concursus proceeding even though the person against whom the claims are asserted denies liability in whole or in part to any or all of the claimants, and whether or not their claims, or the titles on which the claims depend, have a common origin, or are identical or independent of each other. No claimant may be impleaded in a concursus proceeding whose claim has been prosecuted to judgment. No person claiming damages for wrongful death or for physical injuries may be impleaded in a concursus proceeding, except by a casualty insurer which admits liability for the full amount of the insurance coverage, and has deposited this sum into the registry of the court.
Art. 4652.Claimants Who May Be Impleaded
Book VII. Special Proceedings · Title X. Concursus Proceedings · Chapter 1. Concursus Proceedings · Amendment history unavailable · Last verified July 30, 2026
In one sentenceArticle 4652 lets a stakeholder implead competing claimants in a concursus proceeding regardless of whether it denies liability to some or all of them or whether their claims share a common origin, while barring claimants who already hold a judgment and limiting wrongful-death or personal-injury claimants to cases where an admitting insurer has deposited the full policy amount.
Full Text of Art. 4652
Plain-English Summary
Article 4652 casts a wide net over who can be pulled into a concursus proceeding. A stakeholder can implead competing claimants even while denying that it owes anything to some or all of them, and it does not matter whether the claims, or the titles behind them, share a common origin or are entirely independent of each other. The goal is to get every plausible claimant into one case rather than litigating the same fund piecemeal.
Two limits keep that reach from going too far. A claimant whose claim has already been prosecuted to judgment cannot be impleaded again; that claimant already had a day in court on the specific claim, and a concursus is not a vehicle for relitigating it. And a person claiming damages for wrongful death or physical injury generally cannot be impleaded at all, since concursus is meant for disputes over a fixed fund or property, not for resolving tort liability.
The article carves out one exception to that second limit: a casualty insurer that admits liability for the full amount of its coverage, and deposits that sum into the court's registry, can still implead competing injury or wrongful-death claimants to that fund. Once the insurer owns up to the full policy amount and hands it over to the court, what remains is a dispute among the claimants over how to divide it, which is exactly what a concursus is built to resolve.
Frequently Asked Questions
Can a concursus proceeding be used even if the stakeholder disputes owing anyone anything?
Yes. Article 4652 allows claimants to be impleaded even when the person against whom the claims are asserted denies liability, in whole or in part, to any or all of them.
Can a wrongful death or personal injury claim be resolved through a concursus proceeding?
Generally no, except where a casualty insurer admits liability for the full amount of its policy coverage and deposits that sum into the court's registry, at which point the competing claimants to that fund can be impleaded.
Can someone who already won a judgment on their claim be impleaded in a concursus?
No. Article 4652 bars impleading any claimant whose claim has already been prosecuted to judgment.
Do the competing claims need to come from the same source to be impleaded together?
No. Article 4652 allows claimants to be impleaded whether or not their claims, or the titles their claims depend on, have a common origin or are identical or independent of each other.
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
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