§ Art. 5155 Pleading discussion

Codes > Louisiana Code of Civil Procedure > Book IX > Title I : Chapter 4 > Art. 5155

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 by a description sufficient to identify it, property in the state belonging to the primary obligor, or otherwise subject to discussion, which is not in litigation, is not exempt from seizure, is free of mortgages and privileges, and is worth more than the total amount of the judgment or mortgage; and

    (2) Deposit into the registry of the court, for the use of the creditor, an amount sufficient to defray the costs of executing the judgment or enforcing the mortgage against the property discussed.