What did Louisiana's 2005 motor-vehicle repossession rules require of agents and sheriffs?

Plain-English summary

In 2005, the Louisiana Attorney General gave the Sheriffs' Association an overview of newly effective motor-vehicle repossession laws and rules. The opinion described the statutory definition of a borrower's default, limits on a repossessor's conduct, licensing of repossession agencies and agents, and notices after a vehicle was taken. It focused on the filing and law-enforcement procedures affecting sheriffs.

The opinion said a repossession agent had to notify the appropriate law-enforcement agency immediately after taking a vehicle, with identifying information about the vehicle, debtor, secured party, and location. It described a separate statutory requirement that the secured party file a notice with the parish recorder and an “appropriate official” within three days. Depending on the debtor's address and jurisdictional amount, that official could be a justice-of-the-peace constable, city-court constable or marshal, or parish sheriff. These were the rules the AG reported in 2005, not a statement of current repossession law.

Currency note

This opinion was issued in 2005. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Did an agent have to tell police after repossessing a vehicle? A: The AG reported a rule requiring immediate notice to the appropriate law-enforcement agency, with vehicle, party, and location details.

Who received the secured party's formal repossession notice? A: Under the law summarized in the opinion, the secured party filed with the parish recorder and with the official designated by the debtor's last address and claim amount: a constable, city marshal, or sheriff.

What conduct did the AG describe as a breach of the peace? A: The opinion described the statute as including unauthorized entry into a closed dwelling and a debtor's oral protest before the repossessor seized control of the vehicle.

Did the opinion say every notice went to the sheriff? A: No. The sheriff was the designated official only when neither of the specified court constables or city marshal fit the address and amount rules.

Background and statutory framework

The association asked about legislation effective January 1, 2005. The AG identified Acts No. 191 and No. 814 as amending La. R.S. 6:965 and 6:966 and enacting La. R.S. 6:966.1. The opinion quoted the three-day filing rule and detailed the “appropriate official” categories. It also described then-applicable filing fees and an Orleans Parish sheriff exception, licensing by the Commissioner of Financial Institutions, agent identification requirements, and handling of property found in the vehicle. The source is a procedural overview, not a decision on a particular seizure.

Citations

• La. R.S. 6:965, 6:966, and 6:966.1 (vehicle repossession provisions discussed in the opinion).
• Louisiana Administrative Code, Title 10, Part XV, Chapter 13 (agent rules identified in the opinion).

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/05-0020

Original opinion text

February 24, 2005
OPINION NUMBER 05-0020

61 Laws
62-B Legislative – Acts & Bills
Mr. Buddy Hodgkins 63-B Licensing – For professions or occupations
Assistant Executive Director
The opinion provides a general overview of the rules and Louisiana Sheriffs’ Association procedures, regarding self-help repossession laws and
1175 Nicholson Drive
became effective January 1, 2005.
Baton Rouge, LA 70802

Dear Mr. Hodgkins:

Your association has requested that our office review recently enacted legislation dealing with self help repossession that went into effect on January 1, 2005. Specifically, you ask that our office address the procedure issues as they affect various sheriff offices across Louisiana.

Acts No. 191 and No. 814 amended La. R.S. 6:965 and La. R.S. 6:966 as well as enacting La. R.S. 6:966.1. The statutes provide additional remedies on default by a debtor under a secured transaction, entitling the secured party to obtain possession and dispose of motor vehicles in which they have a security interest. These new remedies are in addition to other remedies applicable to security interests affecting various collateral.

La. R.S. 6:965 defines “default” as a non-payment of two consecutive payments on the date due. It also provides that in the event payments are required to be made more frequently than on a monthly basis a “default” shall mean non- payment for a period of 60 days. The statute was also amended to include a “lessor of a motor vehicle” as a secured party.

La. R.S. 6:965 also provides a definition of a “breach of peace.” The definition includes both the unauthorized entry by a repossessor in a closed dwelling, whether locked or unlocked, and an oral protest by a debtor to the repossessor against repossession prior to the repossessor seizing control of the motor vehicle. Both of these actions, according to the statute, would constitute a breach of the peace by the repossessor.

Page 2

Opinion No. 05-0020
Mr. Buddy Hodgkins
Assistant Executive Director
Louisiana Sheriff’s Association
Page: -2-

The Commissioner of Financial Institutions has been given authority to issue licenses to repossession agencies and agents. Those rules were recently promulgated, and are found in the Louisiana Administrative Code, Title 10 Part XV, Chapter 13.

The rules that provide that a repossession agent shall notify the appropriate law enforcement agency immediately after the motor vehicle repossession and shall provide the law enforcement agency with a description of the vehicle, vehicle license plate number, vehicle identification number, name of debtor, name of secured party, and the address in which the repossession occurred. The rules further state that an agent shall at all times carry his identification card issued by the Commissioner along with his pictured driver’s license and shall have documentation authorizing the repossession of the vehicle and a copy of the repossession notice sent by the secured party to the debtor.

The rules also prohibit a repossession agent from identifying himself with a name or repossession agency other than the one for which he is licensed, nor may the agent carry a dangerous weapon on his person or in his vehicle when repossessing a motor vehicle. The agent is also prohibited from wearing any clothing, badge, insignia, or any other item usually identified with law enforcement officers.

Under the rules, the repossessor must inventory all personal property in the vehicle, and if any weapons or drugs are found in the vehicle, they must be turned over immediately to a law enforcement agency which shall give a receipt to the repossessor for said drugs or weapons. Combustibles, food, and health hazards are also to be inventoried and disposed of in a reasonable, safe and legal manner.

La. R.S. 6:966.1 provides that within three days of taking possession of the vehicle, the secured party shall file a “Notice of Repossession” with the recorder of mortgages in the parish where the vehicle is located, as well as, with the “appropriate official.” This repossession notice must contain the debtor’s name, the last know address, date of birth, and the description of the motor vehicle repossessed. The statute states that the appropriate official shall be:

1. The constable of the Justice of the Peace Court, if the debtor’s last known address is within the election district of the Justice of the Peace Court and the outstanding balance is within the jurisdictional limits ($3,000).

2. The constable or marshal of the City Court, if the debtor’s last known address is within the geographic boundaries of the City

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Opinion No. 05-0020
Mr. Buddy Hodgkins
Assistant Executive Director
Louisiana Sheriff’s Association
Page: -3-

Court and the outstanding balance is within the jurisdictional limits of the City Court.

3. The sheriff for the parish of the debtor’s last known address, if there is no other appropriate official as defined above.

The statute also provides that the secured party shall pay $75 to the recorder of mortgages and $250 to the appropriate official for each “Notice of Repossession” filed. The statute does, however, exclude the Sheriff of Orleans Parish from collecting the fee for the “Notice of Repossession,” but still requires the notice to be filed with the sheriff of that parish.

While the Commissioner has the power to revoke licenses for violations and report violations to the Attorney General and the district attorney of the appropriate parish, a debtor, who’s property has been taken in violation of these statutes, may have a civil cause of action against the secured party, the repossession agency, as well as the repossession agent for a wrongful seizure and may subject the agency and the agent to criminal prosecution.

I believe the above addresses your concerns. Should you have additional questions, please do not hesitate to contact our office.

Yours very truly,

CHARLES C. FOTI, JR.
ATTORNEY GENERAL

By: _________
CHARLES H. BRAUD, JR.
Assistant Attorney General

CCF, Jr./CHB, Jr./sfj

Page 4

SYLLABUS
OPINION NUMBER 05-0020

61 Laws
62-B Legislative – Acts & Bills
63-B Licensing – For professions or occupations

The opinion provides a general overview of the rules and procedures, regarding self-help repossession laws and became effective January 1, 2005.

Mr. Buddy Hodgkins
Assistant Executive Director
Louisiana Sheriffs’ Association
1175 Nicholson Drive
Baton Rouge, LA 70802

DATE RECEIVED:

DATE RELEASED: February 24, 2005

Charles H. Braud, Jr.
Assistant Attorney General