Louisiana Debt Collection Laws

Christopher J. Couch Bradley J. Chauvin Michael D. Troendle

Submitted by Christopher J. Couch, Bradley J. Chauvin & Michael D. Troendle, Couch, Conville & Blitt


Published by The National List of Attorneys



Couch, Conville & Blitt (“CCB”) is a multi-state law firm, which focuses primarily upon a consumer and commercial legal collection and creditors' rights practice.  CCB represents a variety of local, regional and national businesses, including several publicly traded entities and some of the nation’s largest lenders.  The Firm serves as a regional legal resource for many of its clients, with its offices in Louisiana, Mississippi, Alabama, and Tennessee.


Members of the Firm have published and lectured extensively on a variety of legal and business issues, including creditors’ rights, law office management, effective case management, legal collections, disaster planning and recovery, FDCPA, FCRA, GLBA and other laws impacting the lending and collection industry.  Additionally, the Firm is deeply involved in the National Association of Retail Collection Attorneys.  Several attorneys in the Firm have been recognized as local and national leaders in the practice of legal collections.


Christopher J. Couch is a founding member of Couch, Conville & Blitt. He manages the firm and its multi-state legal collection practice. His practice further focuses in the areas of Creditors’ Rights, Commercial Litigation, General Business Counselling, and Collateral Lending. He represents a wide variety of clients, including collateral lenders, national banks, finance lessors, credit grantors, debt purchasers, collection agencies, local corporations, and several publicly traded corporations.


Bradley J Chauvin is the Lead collection counsel and Senior Louisiana Litigator with the firm. He has been with the firm and its predecessors for over 20 years. He has gained a reputation as an aggressive advocate for his clients, but a Fair opponent. He has had extensive experience in prosecuting and defending creditors' claims. His practice includes commercial and consumer legal collections for many of the Firm’s local and national clients.


Michael D. Troendle is an Associate Louisiana Litigator. His practice focuses upon consumer legal collections and creditors’ defense.


1.  Statute of Limitation (Prescription)

In Louisiana, a statute of limitations is functionally equivalent to a “prescriptive period.” (http://hlr.rubystudio.com/media/pdf/state_v_allproperty.pdf) Prescription is interrupted—the prescriptive “clock” pauses—upon the filing of a suit in a competent court and proper venue. (http://www.legis.state.la.us/lss/lss.asp?doc=110486) Interruption continues as long as the suit is pending. (http://www.legis.state.la.us/lss/lss.asp?doc=110525) However, if the case is dismissed without prejudice or abandoned, the “clock” is presumed to have run throughout the course of the suit, and if the prescriptive period has elapsed, the right to assert the claim is terminated.


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