Hill ex rel. Williams v. City of New Orleans

549 So. 2d 858, 1989 WL 117327

Opinions

PER CURIAM.

GRANTED: As the court of appeal correctly noted, a judgment creditor is entitled to examine his debtor even though the latter is a public body. Fontenot v. State, et al, 355 So.2d 1324 (La.1978). However, the examination must be conducted with regard to legal limitations on executing the subject judgment. For example, examination about property owned by the City of New Orleans is pointless because public property is exempt from seizure. LSA-Const. art. 12, § 10(C).

The trial court is instructed to allow the judgment debtor examination to be conducted, but to make such protective orders as are appropriate, after giving the parties an opportunity to be heard.

The stay order is recalled and the writ application is otherwise denied.

MARCUS, J., dissents, being of the opinion that Fontenot v. State, 355 So.2d 1324 (La.1978), be overruled.