Property Claims & Movable Disputes

Justice of the Peace Courts have jurisdiction over disputes involving movable property — vehicles, equipment, furniture, tools, livestock, and other personal belongings — when the property is located within the ward and its value does not exceed $5,000. The court can determine ownership, order return of the property, or award damages if the property has been damaged or converted.

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What Is Movable Property?

Louisiana law distinguishes between immovable property (land and buildings permanently attached to land) and movable property (everything else). JP Courts have jurisdiction over movables but generally cannot hear cases involving immovable property.

CC 475

Examples of Movable Property:

• Motor vehicles, motorcycles, ATVs, and trailers
• Boats and personal watercraft
• Manufactured homes (mobile homes)
• Farm equipment and machinery
• Livestock and animals
• Furniture, appliances, and household goods
• Tools and professional equipment
• Electronics, jewelry, and personal items
• Inventory and business equipment

What JP Courts Cannot Hear:

• Disputes over land ownership
• Boundary disputes
• Building ownership
• Servitudes and easements
• Any action involving title to immovable property

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Jurisdictional Requirements

Before filing a property claim in JP Court, confirm the court has jurisdiction:

Value Limit

The value of the property in dispute must not exceed $5,000. The amount is determined by:

• The good faith assertion of value by the party filing suit
• Fair market value at the time of the dispute
• Original purchase price is relevant but not controlling

Do not include interest, court costs, attorney fees, or penalties when calculating whether you meet the jurisdictional limit.

Location Requirement

The property must be physically located within the ward where the JP Court sits. This ensures the court has authority over the property and that any order to return the property can be enforced by the constable.

If the property has been moved out of the ward, you may need to file in the ward where it is currently located, or pursue other remedies.

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Types of Property Claims

Suit for Possession

A possessory action seeks return of property that belongs to the plaintiff but is in someone else’s possession. Common scenarios include:

• A friend borrowed a person’s trailer and refuses to return it
• Equipment was loaned but the borrower claims it is now theirs
• Property left behind after a breakup or roommate dispute
• Items taken during a family dispute
• Property retained after a failed sale

To prevail, the plaintiff must prove:

1. The plaintiff has a right to possess the property (ownership or valid agreement)
2. The defendant is currently in possession
3. The defendant refuses to return the property

Suit for Ownership

An ownership dispute arises when two or more parties claim to be the rightful owner of the same property. The court must determine who holds valid title.

Establishing Ownership:

• Bill of sale or purchase receipt
• Title certificate (for vehicles, boats, manufactured homes)
• Gift documentation
• Inheritance records
• Testimony about the transaction or transfer

Louisiana follows a system of title registration for certain movables. A judgment of ownership from JP Court is recognized by the Office of Motor Vehicles for vehicles and manufactured homes, allowing the prevailing party to obtain proper title documentation.

CC 526RS 13:2512

Vehicle and Titled Property Disputes

Disputes over vehicles, boats, and manufactured homes receive special attention because these items have formal title systems administered by state agencies.

Motor Vehicles

When the dispute involves a motor vehicle, provide:

• Vehicle Identification Number (VIN)
• Make, model, and year
• Current license plate number (if known)
• Copy of any existing title or registration
• Documentation of the transfer or transaction

A JP Court judgment declaring ownership of a vehicle is recognized by the Louisiana Office of Motor Vehicles. The prevailing party can present the certified judgment to OMV to obtain a new title in their name.

Manufactured Homes

Manufactured homes (mobile homes) are treated as movable property in Louisiana. JP Court can adjudicate ownership disputes if the value does not exceed $5,000, and the judgment is recognized by the appropriate agencies for title transfer.

Boats and Personal Watercraft

For registered boats, provide:

• Hull Identification Number (HIN)
• Registration number
• Make, model, and year
• Documentation of purchase or transfer

Wildlife and Fisheries recognizes JP Court judgments for purposes of title and registration.

RS 13:2512RS 32:705

Sequestration: Protecting Property During Litigation

If there is reason to believe the defendant will hide, damage, sell, or remove the property while the case is pending, a party may seek a writ of sequestration. This provisional remedy allows the court to seize the property and hold it until the dispute is resolved.

Requirements for Sequestration

To obtain a writ of sequestration, the petitioner must:

1. File a verified petition or sworn affidavit
2. Allege ownership of the property, a right to possess it, or a lien or privilege on it
3. Show good reason to believe the defendant may conceal, waste, or remove the property from the ward

Security Requirement

The court may require the petitioner to post security (a bond) to protect the defendant from wrongful seizure. The amount is set by the court based on the circumstances.

Exception: No bond is required when enforcing a lessor’s privilege, repairman’s lien, or similar statutory privilege.

The Sequestration Process

1. File Petition — Submit a verified petition explaining the claim and grounds for sequestration
2. Court Review — The JP determines whether probable grounds exist
3. Writ Issued — If grounds exist, the court issues the writ
4. Seizure — The constable immediately seizes and inventories the property
5. Property Held — The property is held pending resolution of the case

Releasing Sequestered Property

• Defendant can bond out — The defendant may regain the property by posting security equal to the claimed value
• Plaintiff can bond out — If the defendant does not bond out within ten days, the plaintiff may post security and receive the property
• Neither party bonds — The constable or appointed keeper holds the property until final judgment

After Judgment

If you prevail at trial, the writ is maintained and the property is turned over to you. If the defendant prevails, the writ is dissolved, the property is returned, and you may be liable for damages caused by wrongful sequestration.

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Filing a Property Claim

Information to Provide

When filing suit for property, give the court:

• Detailed description of the property (make, model, serial number, color, distinguishing features)
• Location of the property (where it is currently being held)
• Estimated value (cannot exceed $5,000)
• Basis of the claim (ownership, loan, bailment, etc.)
• Defendant’s information (name and address for service)
• Supporting documents (titles, receipts, photographs, communications)

Evidence to Gather

Evidence to establish the claimant’s right to the property may include:

• Original purchase documentation (bill of sale, receipt, canceled check)
• Title certificates or registration documents
• Photographs showing possession of the property
• Witness testimony about the purchase, gift, or loan
• Communications (texts, emails) discussing ownership or the loan
• Appraisals or valuations establishing worth

Proving the Case

At trial, the plaintiff must prove by a preponderance of the evidence that:

1. The plaintiff has a superior right to the property (ownership, possession rights, or lien)
2. The property is the specific item in dispute
3. The defendant is in possession without valid right, OR the defendant wrongfully claims ownership

Damages in Property Cases

Beyond recovering the property itself, a plaintiff may be entitled to additional damages:

Return of Property Plus Damages

If the defendant possessed the property in bad faith or caused damage to it, the plaintiff may recover:

• Return of the property, plus
• Value of any damage while in defendant’s possession
• Loss of use during the period of deprivation
• Costs of recovery

When Property Cannot Be Returned

If the property has been destroyed, sold, or cannot be located, you may recover its fair market value as money damages instead. Document the value through:

• Original purchase price and date
• Comparable sales or market values
• Depreciation calculations
• Professional appraisals

Common Defenses

Be prepared for these potential defenses:

• Gift — Defendant claims the property was given as a gift
• Purchase — Defendant claims they bought the property
• Abandonment — Defendant claims you abandoned the property
• Superior title — Defendant claims a better chain of title
• Statute of limitations — Too much time has passed since the wrongful taking
• Offset or lien — Defendant claims they are owed money and have a right to retain the property

Prescription (Time Limits)

Different prescriptive periods apply to property claims:

Type of Action	Time Limit
Possessory action	1 year
Action for conversion	1 year from discovery
Action to recover movable	Generally 3 years

If prescription is raised as a defense and proven, the court must dismiss the claim.

For information on filing procedures, see Civil Suits. For enforcement of property judgments, see Judgments. For seizure to collect money judgments, see Garnishment.