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Art. 4661.Applicability of Articles to Proceedings Under Certain Special Statutes

Book VII. Special Proceedings · Title X. Concursus Proceedings · Chapter 1. Concursus Proceedings · Amendment history unavailable · Last verified July 30, 2026

In one sentenceArticle 4661 specifies which general concursus articles apply, and which do not, when a concursus-style proceeding is brought under particular Louisiana statutes outside the Code, including statutes governing lien claims against retained contract funds and adverse claims to goods under the commercial laws.

Full Text of Art. 4661

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Articles 4651 through 4658, and 4662, apply to a concursus proceeding instituted under R.S.9:4841 or R.S.38:2243. Articles 4651 through 4658, 4660, and 4662 apply to a proceeding instituted under R.S. 10:7-603. Article 4660 does not apply to a proceeding brought under R.S.9:4841 or R.S.38:2243. Article 4659 does not apply to any proceeding brought under any of the statutes referred to in this article.

Plain-English Summary

Title X is not the only place in Louisiana law that creates a concursus-style device. Other statutes set up their own version of the same idea for narrower situations, such as resolving competing lien claims against funds retained on private or public construction contracts, or letting a holder of goods interplead people who assert adverse claims to those goods under the state's commercial laws. Article 4661 tells the reader how the general Title X rules interact with those separate statutory proceedings.

The core articles carry over broadly: the definitional, claimant, venue, petition, service, dual-role, and deposit provisions found in Articles 4651 through 4658, together with the fallback rule in Article 4662 applying ordinary-proceeding rules where nothing else covers the point, apply to proceedings brought under the referenced lien statutes and to the referenced commercial-law proceeding alike.

Two articles get treated differently depending on which special statute is involved. The injunctive-relief provision in Article 4660 applies to the commercial-law proceeding but does not apply to proceedings under the lien statutes referenced here. And the costs article, Article 4659, is turned off entirely for every proceeding brought under any of the statutes this article references, leaving cost allocation to whatever those separate statutes provide instead.

Frequently Asked Questions

Do Louisiana's general concursus articles apply to lien disputes under other statutes?

Most of them do. Article 4661 extends Articles 4651 through 4658 and Article 4662 to concursus proceedings brought under the lien statutes it references.

Is injunctive relief available in every kind of concursus-style proceeding?

No. Article 4660's injunctive relief applies to the commercial-law proceeding Article 4661 references but not to proceedings brought under the lien statutes it also references.

Does the concursus costs article apply to these special statutory proceedings?

No. Article 4661 excludes Article 4659 from every proceeding brought under the statutes it lists.

Why does Louisiana have concursus-style provisions outside the Code of Civil Procedure?

Because some situations, like competing lien claims against retained contract funds or adverse claims to goods under the commercial laws, have their own dedicated statutes, and Article 4661 coordinates those statutes with the general Title X framework.

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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