R.S. 38:2246

Attorney's fees ACTIVE

A. After amicable demand for payment has been made on the principal and surety and thirty days have elapsed without payment being made, any claimant recovering the full amount of his timely and properly recorded or sworn claim, whether by concursus proceeding or separate suit, shall be allowed ten percent attorney's fees which shall be taxed in the judgment on the amount recovered.

B. If the trial court finds that such an action was brought by any claimant without just cause or in bad faith, the trial judge shall award the principal or surety a reasonable amount as attorney's fees for defending such action.

Actions

References

None.

Cited by

None.

History

  • enactment Acts 1991, No. 543, §1

Section navigation

Cite R.S. 38:2246

Bluebook
La. Rev. Stat. Ann. § 38:2246 (2026).
Permalink
https://theusufruct.com/rs/title-38/section-2246
BibTeX
@misc{larevstat-38-2246,
  title        = {La. Rev. Stat. Ann. § 38:2246},
  howpublished = {Louisiana Revised Statutes},
  year         = {2026},
  url          = {https://theusufruct.com/rs/title-38/section-2246},
  note         = {Snapshot 2026-05-22}
}