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
Full Text of Art. 4661
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?
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.