Louisiana § 6:965 Scope and definitions

Louisiana Statutes

§ 6:965 — Scope and definitions

Louisiana § 6:965

Title 6Banks and Banking

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Bluebook

La. Stat. Ann. § 6:965 (2026).

Text

§965. Scope and definitions

A.This Chapter may be cited as the "Additional Default Remedies Act".

B.This Chapter provides additional remedies on default by the debtor under a secured transaction under Chapter 9 of the Louisiana Commercial Laws, R.S. 10:9-101 et seq., R.S. 9:5351 et seq., R.S. 9:5367 et seq., and R.S. 32:701 et seq., as applicable, entitling the secured party to obtain possession and dispose of the collateral as provided herein. These remedies shall be in addition to all other remedies applicable to nonpossessory security interests affecting collateral in which a security interest or chattel mortgage, as applicable, has been granted, which shall remain available and in full force and effect in their entirety.

C.As used in this Chapter, the following terms have the follow

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§965. Scope and definitions
A. This Chapter may be cited as the "Additional Default Remedies Act".
B. This Chapter provides additional remedies on default by the debtor under a
secured transaction under Chapter 9 of the Louisiana Commercial Laws, R.S. 10:9-101 et
seq., R.S. 9:5351 et seq., R.S. 9:5367 et seq., and R.S. 32:701 et seq., as applicable, entitling
the secured party to obtain possession and dispose of the collateral as provided herein. These
remedies shall be in addition to all other remedies applicable to nonpossessory security
interests affecting collateral in which a security interest or chattel mortgage, as applicable,
has been granted, which shall remain available and in full force and effect in their entirety.
C. As used in this Chapter, the following terms have the following meanings:
(1) "Breach of peace" shall include but not be limited to the following:
(a) Unauthorized entry by a repossessor into a closed dwelling, whether locked or
unlocked.
(b) Oral protest by a debtor to the repossessor against repossession prior to the
repossessor seizing control of the collateral shall constitute a breach of the peace by the
repossessor.
(2) "Collateral" shall refer to "motor vehicles" and "motorcycles" and has the
meanings set forth in R.S. 32:1252.
(3) "Debtor" shall have the meaning set forth in R.S. 10:9-102(a). 1
(4) "Default" means nonpayment of two consecutive payments on the date due. In
the event that payments are required to be made more frequently than on a monthly basis,
"default" shall mean nonpayment for a period of sixty days.
(5) "Secured party" shall have the meaning set forth in R.S. 10:9-102(a) and shall
also mean a lessor of a motor vehicle as defined in R.S. 9:3306.
D. Repealed by Acts 2010, No. 519, §1.
1 See R.S. 10:9-102(a)(28), Acts 2001, No. 128.

Legislative History

Acts 1992, No. 235, §1, eff. Jan. 1, 1993; Acts 1993, No. 927, §1; Acts 2001, No. 943, §1; Acts 2004, No. 191, §1, eff. Jan. 1, 2005; Acts 2010, No. 519, §1; Acts 2016, No. 205, §1.