Art. 5153. Transferee in revocatory action; right to plead discussion
Art. 5153. Transferee in revocatory action; right to plead discussion When a revocatory action is brought by a creditor to set aside a transfer of property made by his debtor, the transferee may plead discussion to compel the creditor to obtain and execute a judgment against the debtor before setting the transfer aside.
Art. 5154. Third possessor’s right to plead
Art. 5154. Third possessor’s right to plead When a legal or judicial mortgage securing an indebtedness due by a former owner of property is sought to be enforced against the property after its acquisition by a third possessor, the latter may plead discussion to compel the mortgagee to enforce the mortgage against other property affected […]
Art. 5095. Same; defense of action
Art. 5095. Same; defense of action A. The attorney at law appointed by the court to represent a defendant shall use reasonable diligence to inquire of the defendant, and to determine from other available sources, what defense, if any, the defendant may have, and what evidence is available in support thereof. B. Except in an […]
Art. 5155. Pleading discussion
Art. 5155. Pleading discussion A third possessor may plead discussion in an injunction suit to restrain the enforcement of a legal or judicial mortgage against his property. Discussion may be pleaded by a surety or transferee in a revocatory action only in the dilatory exception. In pleading discussion, the secondary obligor shall: (1) Point out […]
Art. 5096. Compensation
Art. 5096. Compensation The court shall allow the attorney at law appointed to represent a defendant a reasonable fee for his services, which shall be paid by the plaintiff, but shall be taxed as costs of court. The attorney so appointed may require the plaintiff to furnish security for the costs which may be paid […]
Art. 5156. Effect of discussion
Art. 5156. Effect of discussion When discussion is pleaded successfully by a third possessor, or by the transferee in a revocatory action, the court shall stay proceedings against the third possessor or transferee until the creditor has executed his judgment against the property discussed. When discussion is pleaded successfully by a surety and the principal […]
Art. 5097. Attorney appointed to represent claimant in worker’s compensation case
Art. 5097. Attorney appointed to represent claimant in worker’s compensation case Articles 5092, 5093, and 5098 apply to an attorney at law appointed by the court to represent a claimant in a worker’s compensation case who seeks authority to compromise or to accept a lump sum settlement. Acts 1983, 1st E.S., No. 1, §6.
Art. 5181. Privilege of litigating without prior payment of costs
CHAPTER 5. WAIVER OF COSTS FOR INDIGENT PARTY Art. 5181. Privilege of litigating without prior payment of costs A. Except as provided in Paragraph B of this Article, an individual who is unable to pay the costs of court because of his poverty and lack of means may prosecute or defend a judicial proceeding in […]
Art. 5098. Validity of proceeding not affected by failure of attorney to perform duties; punishment of attorney
Art. 5098. Validity of proceeding not affected by failure of attorney to perform duties; punishment of attorney The failure of an attorney appointed by the court to represent an unrepresented party to perform any duty imposed upon him by, or the violation by any person of, the provisions of Articles 5092 through 5096 shall not […]
Art. 5182. Restrictions on privilege
Art. 5182. Restrictions on privilege The privilege granted by this Chapter shall be restricted to litigants who are clearly entitled to it, with due regard to the nature of the proceeding, the court costs which otherwise would have to be paid, and the ability of the litigant to pay them or furnish security therefor, so […]