louisiana prescription

quick reference card

Abandoned or unclaimed property (LSA RS 9:171) 10 years Abandonment of suit (LSA CCP 561) 3 years As amended by ACTs 2007, No.361, , eff 7/9/07; special hurricane provision to become null & void on 8/26/10. Abandonment immovable property Government entity must hold after tax sale before Repealed by Acts selling/donating (LSA RS 33:289.1-5). 2008, No. 819, 2, eff 1/1/09 Notice prior to post-adjudication sale Repealed by Acts 2008, (LSA RS 33:4720.17) No. 819 , 2, eff 1/1/09 Abuse of minor (LSA CC 3496.1) 3 years Rx runs from day minor attains majority; Rx suspended until minor reaches majority. Subject to any exception of peremption provided by law. Abuse of minor, physical/sexual (LSA RS 9:2800.9) 10 years Accountants professional liability (LSA RS 9:5604) 1 year/3 years Accounting between spouses (LSA CC 2369) 3 years Obligation to account prescribes in three years from the date of termination of the community property regime. Acquisitive prescription Immovables (LSA CC 3473, 3486) 10 years/30 years Immovables blighted property (LSA RS 9:5633) 3 years/See statute Movables (LSA CC 3489) 3 years/10 years Adoption action to annul (Childrens Code 1263) For third party 6 months/1 year For adoptive parent 6 months/2 years Annulment of testament (LSA CC 3497) 5 years Suspended during minority As amended by ACTs 2009, No. 107, eff 6/19/09 Appeals, rehearing (LSA RS 13:4446) on/before 14th day Check local rules of court Appropriation by parish/state, compensation 3 years (LSA RS 13:5111) Architects (LSA CC 3500) 10 years Asbestos abatement, action to recover (LSA RS 9:5644) 5 years Attorneys Malpractice actions (LSA RS 9:5605) 1 year/3 years Return of papers (LSA CC 3496) 3 years Misappropriation of client funds (LSA RS 9:5605.1) Interrupted by iling of disciplinary complaint Disciplinary complaints (Negligence) 10 years (LA Supreme Court Rule XIX Sec. 31) Bank deposits and collections (LSA RS 10:4-111) 3 years Buildings, defects (Contractor) (LSA CC 3500) 10 years But see LSA RS 9:2772 and 9:5607, which has 5 year Rx period, and RS 9:3141, et. seq. New Home Warranty Act Business organization, persons controlling (LA RS 12:1502) For negligence 1 year/3 years For fraud 2 years/3 years Carriers, damage to shipments and recovery of 2 years erroneous charges (LSA RS 45:1100) Charitable institution or fund, debts due (LSA RS9:5701) 10 years/ 30 years Child support, arrearages (LSA CC 3501.1) 10 years Claims against state (LSA RS 39:339) 2 years Compensation and salaries, recovery (LSA CC 3494) 3 years Con lict of interest, enforcement of ethics code 2 years/4 years (LSA RS 42:1163) Conservators, saving and loan associations See statute If prescription extended (LSA RS 6:883) 6 additional months Construction of improvements (LSA RS 9:2772) 5 years Consumer credit (LSA RS 9:3552) 60 days/1 year Consumer protection (LSA RS 51:1409) 1 year Contract with New Orleans (LSA RS 9:5602) 1 year Contractors, building (LSA CC 3500) 10 years But see LSA RS 9:2772 and 9:5607, which has 5 year Rx period, and LSA RS 9:3141, et. seq. New Home Warranty Act Contractors, bonds (LSA RS 38:2247) 1 year (Plus notice)

Contributions by one spouse, arrearages (LSA CC 3497.1) Contributions by one spouse to education of other (LSA CC 124) Corporation, set aside of property transfer (LSA RS 9:5646)

Crops, injury (LSA RS 9:5601) Damage to private property for public purposes (LSA RS 9:5624) Damages due to misfeasance or nonfeasance by sheriff 2 years (LSA RS 9:5623) Directors, corporations (LSA RS 12:92) 2 years Disavowal of paternity (LSA CC 189) 1 year Discrimination, handicapped (LSA RS 46:2256) 1 year (Plus notice) Divorce action abandoned (LSA CCP 3954) 2 years Donations, reduction (LSA CC 3497) 5 years Suspended during minority As amended by ACTs 2009, No. 107, eff 6/19/09 Educational institution or fund, debts due (LSA RS 9:5701) 30 years Debts owed to institutions of higher education other than student loans, stipends or bene its (See ACT 184) 10 years Educational, Special Education hearing (LSA RS 17:1946) 1 year See ACTs 2008, No. 376 1 See statute Elections, campaign inance disclosure (LSA RS 18:1511.11) 3 years/ 1 year Elections, contests (LSA RS 18:1405) Varies/ See statute Engineers, surveyors, architects, damages caused 5 years by improvements (LSA RS 9:5607) Estate tax recovery (LSA RS 9:2436) Reasonable time after one year from payment Ethics violations, public employees (LSA RS 42:1163) 2 years/4 years Expropriation: East Baton Rouge Parish Quick Take (LSA RS 19:131.6) 30 days after notice All parishes (LSA RS 19:2.1) 2 years Fiduciaries, banks and inancial institutions (LSA RS 6:1124) 1 year Filiation actions (LSA CC 197) 1 year from fathers death Applies to succession matters only; no limitation otherwise Financing statement effectiveness (LSA RS 10:9-515) 5 years As amended by ACTs 2009, No. 508, eff. 7/10/09 to include outboard motors Foreign corporation, set aside public sale under attachment 5 years (LSA RS 9:5641) Harvesting of timber without the consent of the owner 5 years (LSA CC Art. 3497) See ACTs 2009, No. 107, eff. 6/19/09 Hazardous waste or substances, remedial actions 10 years/3 years (LSA RS 30:2276) Health and accident insurance, suit on proof of loss See statute (LSA RS 22:975) Immovable, damages to (LSA CC 3493) 1 year Improvements to immovables, de iciencies in 5 years surveying/design/supervision/construction (LSA RS 9:2772) Incidental demands (LSA CCP 1067) 90 days from service Income tax refund (LSA RS 47:1623) 3 years/1 year Inheritance, right (LSA CC 3502) 30 years Inheritance taxes (LSA RS 47:2422) 3 years Additional taxes due (LSA CCP 2954) 2 years Claims for overpayment (LSA RS 47:2451) Varies/See statute Insurance agents, brokers, salespersons 1 year/3 years (LSA RS 9:5606) Jefferson Parish Economic Development Port District (LSA RS 34:2021) Bond or note issuance 30 days from the adoption (LSA R.S. 34:2027) (LSA R.S. 34:2035) of the resolution Certi icates of indebtedness issuance 30 days from the adoption (LSA R.S. 34:2029) of the resolution Acquire, construct, improve, maintain, 30 days from date of sale, and lease of property publication of the resolution (LSA R.S. 34:2034) 5 years See statute 1 year 2 years

5 years 3 years

Judicial sales, informalities (LSA RS 9:5622) 2 years/5 years Land patent, action to annul (LSA RS 9:5661) 6 years Legal representative, action for defect in private 2 years sales/mortgages (LSA RS 9:5632) Levees or levee drainage (LSA RS 9:5626) 2 years Limited liability companies, dissolution, claims 3 years (LSA RS 12:1338) Loans, recovery (LSA CC 3494) 3 years Medical malpractice (LSA RS 9:5628) 1 year/3 years Including nursing homes (LSA RS 9:5628 (a)) Medical review panel, health care providers Varies/See statute (LSA RS 40:1299.47) As amended by ACTs 2008, No. 558, 1, eff 6/30/08 Mineral production royalties 3 years Not state owned properties (LSA CC 3494) Money judgments (LSA CC 3501) 10 years Money lent (LSA CC 3494) 3 years Motor vehicles, uninsured motorist claims (LSA RS 9:5629) 2 years Negligence (LSA CC 3492) 1 year Negotiable & non-negotiable instruments, collection 5 years (LSA CC 3498) New home warranties (LSA RS 9:3144; 9:3145 Required notice as amended by ACTs 2008, No. 387, 1, eff 6/21/08) Defect in home due to noncompliance with building standards 1 year Plumbing/electrical/heating/cooling/ventilating defects 2 years Major structural defects 5 years Enforcement (LSA RS 9:3146) 30 days from time period in LSA RS 9:3144 Notaries Public (LSA RS 35:200) 1 year/3 years But not attorney/notary (LSA RS 9:5605) See statute Nullity action Absolutely null contract (LSA CC 2032) Imprescriptible Relatively null contract (LSA CC 2032) 5 years Of judgment, absolute/vices of form (LSA CCP 2002) Imprescriptible Of judgment, relative/vices of substance 1 year (fraud or ill practices) (LSA CCP 2004) Nursing Homes, residents claims (LSA RS 40:2010.9) 1 year/3 years Open account (LSA CC 3494) 3 years Ownership (acquisitive prescription) (LSA CC 794) 30 years Partition, rescission (LSA CC 3497) 5 years Suspended during minority Personal actions (LSA CC 3499) 10 years Physicians and surgeons, medical review panel Varies/See statute (LSA RS 40:1299.47) As amended by ACTs 2008, No. 558, 1, eff 6/30/08 Power of attorney (LSA RS 9:5647) See statute See ACTs 2008, No. 371, 2 Property, blighted (New Orleans) (9:5633) See statute Public contracts (LSA RS 38:2189; 38:2189.1) 5 years Public places, encroachments, removal action 2 years/ (LSA RS 9:5627) 6 months Public way, damages from grading (LSA RS 9:5603) 1 year Recovery of costs overpaid to sheriff (LSA RS 9:5623) 2 years Redemption Right of (LSA CC 2568) 10 years/(immov.) 5 years (mov) Of property sold at tax sales (LSA Const. Art 7, Sec 25 (B)) 3 years Redhibition, action for (LSA CC 2534) 1 year/4 years/See statute Rent, recovery (LSA CC 3494) 3 years Revival of money judgments (LSA CC 3501) 10 years Revocatory action (LSA CC 2041) 1 year/3 years Sales, judicial (LSA RS 9:5622) 2 years/5 years Securities (LSA RS 51:714) 2 years But may be unconstitutional or preempted by G.F. Thomas Investments, L.P. v. Cleco Corp., 317 F. Supp. 2d 673 (W.D. La. Apr 09, 2004)

Service of citation (LSA CCP 1201) 90 days Service of citation, state (LSA RS 13:5107 D) 90 days Services rendered, compensation (LSA CC 3494) 3 years Sheriffs deeds, action to set aside (LSA RS 9:5642) 5 years Spousal support, arrearages (LSA CC 3497.1) 5 years State contracts, procurement code, actions 14 days/60 days (LSA RS 39:1692) State, liens, and privileges in favor of 10 years or less (LSA RS 9:5685) See statute State Taxes (LSA RS 47:1580) Use Tax False return/failure to ile Interrupts prescription All state taxes, licenses, penalties, etc. Interrupts prescription false return/failure to ile Succession Action by unrecognized successor against third person 2 years (LSA RS 9:5630) Action by successor prior to quali ication Allowed, subject of succession representative (LSA CC 938) to limitations Action by successor after quali ication Subordinate to of succession representative (LSA CC 938) administration of estate Private sale of succ. property (LSA RS 9:1454.1) 2 years Succession Representative (LSA RS 9:5621) 2 years Recognition of right of inheritance (LSA CC 3502) 30 years Any alienation, lease, or encumbrance of Valid, if valid under immovable property made by successor PRIOR former LCC Art. 938 to "Act 556" (22 June 2001) which would be valid under (former) LCC Art. 938 Any act to annul an alienation, lease or Must be brought no later encumbrance of immovable property made by than 22 June 2002 successor prior to appointment of succession (peremptive date) representative AFTER "Act 556" (22 June 2001) Testaments, probate (LSA RS 9:5643) 5 years Title to property, acquisitive prescription (LSA CC 794) 30 years Torts (LSA CC 3492) 1 year Trust, bene iciarys action against trustee 2 years/3 years (LSA RS 9:2234) UCC (LSA RS 10:9-101 through 9-605): As amended by ACTs 2009, No. 508, eff 7/10/09, to include outboard motors Effectiveness of iled initial inancing statement 5 years after date (9-515(a)) of iling Effectiveness of initial inancing statement iled 30 years after date in connection with a public- inance transaction of iling (9-515(b)) Effectiveness of iling continuation statement Continues the (9-515(e)) effectiveness of initial inancing statement for 5 years Usufruct, nonuse (LSA CC 621) 10 years Usury action (LSA RS 9:3500) 2 years UTC (Uniform Local Sales Tax Code) (LSA RS 36:459; 47:301) See legislative action via ACTs 2009, No. 442, eff 6/30/09 Workers Compensation Claims (LA RS 23:1209) 1 year/3 years (Proposed legislation. See 2009 LA HB 658) Claims against vocational counselors for Suspends prescription tort damages (LSA RS 23:1226 (B) (3)) during pendency of administrative proceedings Appeals (LSA RS 23:1310.5) 30 days suspensive (May be unconstitutional or preempted by Smith 60 days devolutive v. Orleans Parish School Bd., 2 So.3d 1128 (La. App. 4 Cir. 2008)) Occupational Disease disabilities (LSA RS 23:1031.1) 1 year Wrongful death (LSA CC 2315.2) 1 year Zoning actions (LSA RS 9:5625) See statute

Louisiana Prescription Quick Reference Card (800) 906-9654 professional@gilsbar.com www.gilsbarpro.com

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This Louisiana Prescription Quick Reference Card is provided by the Of ice of Loss Prevention, Gilsbar, Inc., in conjunction with Loss Prevention activities. Some periods of limitation may not apply to certain parties or in certain circumstances. As such, this card is informational only and shall not constitute legal advice, nor shall it substitute for an attorneys thorough research, which may reveal changes to the time periods listed above as a result of legislative updates, subsequent case law, legal nuances, or inaccurate entries. The information contained in this card was updated on or before November 1, 2009. 2010 GILSBAR, INC. MK 6/2010