When money has been deposited into the registry of the court by the plaintiff, neither he nor any other party shall be required to pay any of the costs of the proceeding as they accrue, but these shall be deducted from the money on deposit. The court may award the successful claimant judgment for the costs of the proceeding which have been deducted from the money on deposit, or any portion thereof, against any other claimant who contested his right thereto, as in its judgment may be considered equitable. In all other instances, the court may render judgment for costs as it considers equitable.
Art. 4659.Costs
Book VII. Special Proceedings · Title X. Concursus Proceedings · Chapter 1. Concursus Proceedings · Amendment history unavailable · Last verified July 30, 2026
In one sentenceArticle 4659 pays the costs of a concursus proceeding out of any money deposited into the court's registry rather than requiring the plaintiff or any other party to advance them, lets the court charge a contesting claimant's share of those costs against that claimant when equitable, and otherwise allocates costs however the court considers equitable.
Full Text of Art. 4659
Plain-English Summary
Once money has been deposited into the registry under Article 4658, Article 4659 keeps the fund working for the parties in another way: neither the plaintiff nor any other party has to pay the proceeding's costs as they accrue. Instead, those costs are deducted from the money on deposit as the case moves forward.
The court retains discretion over how that deducted amount ultimately lands. It may award a successful claimant judgment for the costs already deducted from the fund, or a portion of them, against another claimant who contested that claimant's right to the money, whenever the court considers that equitable. Nothing about this shifting is automatic; it depends on the court's judgment of fairness in the particular case.
In situations where no fund has been deposited into the registry, such as a concursus over property or a mortgage rather than money, or where the plaintiff has not availed itself of Article 4658, Article 4659 falls back on the same broad standard: the court renders judgment for costs as it considers equitable.
Frequently Asked Questions
Who pays the costs of a concursus proceeding while it is pending?
When money has been deposited into the registry of the court, the costs are deducted from that fund as they accrue rather than being advanced by the plaintiff or any other party.
Can a claimant who loses be ordered to pay costs deducted from the deposited fund?
Yes. The court may award the successful claimant judgment for costs deducted from the fund against a claimant who contested that claimant's right, when the court considers it equitable.
How are costs handled when no money has been deposited into the registry?
The court renders judgment for costs as it considers equitable, using the same broad discretion that applies when a fund is on deposit.
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: concursus proceeding costs LouisianaArticle 4659 Louisianawho pays for a concursus lawsuitcosts deducted from court registryequitable allocation of costs concursus