Art. 2413. Effect of garnishee's failure to answer

            A. If the garnishee fails to answer within the delay provided by Article 2412, the judgment creditor may proceed by contradictory motion against the garnishee for the amount of the unpaid judgment, with interest and costs. When the garnishee is a state agency or department within the executive branch of state government, the party designated for service of garnishment petitions in Article 2412(B) shall be notified of the intent to file such a motion by certified mail at least fifteen days prior to the filing of the motion. The failure of the garnishee to answer prior to the filing of such a contradictory motion is prima facie proof that he has property of or is indebted to the judgment debtor to the extent of the judgment, interest, and costs.

            B.(1) Judgment shall be rendered against the garnishee on trial of the motion unless he proves that he had no property of and was not indebted to the judgment debtor. If on the trial of such motion, the garnishee proves the amount of such property or indebtedness, the judgment against the garnishee shall be limited to the delivery of the property or payment of the indebtedness, as provided in Article 2415.

            (2) If the judgment was rendered pursuant to this Paragraph against the garnishee as a result of his failure to appear after proper service, the garnishee shall have thirty days from service of the judgment to move for a new trial.

            (3) Any motion for a new trial pursuant to Subparagraph (2) of this Paragraph shall be granted only if it includes an affidavit affirming the facts that the garnishee is required to prove under Subparagraph (4) of this Paragraph.

            (4) At any new trial granted pursuant to this Paragraph, the garnishee bears the burden of proof that he never had any property of and was never indebted to the judgment debtor during the pendency of the garnishment proceeding, or that he has satisfied the judgment to the full extent of the amount of such property or indebtedness actually in his possession at any time after the garnishment proceeding is commenced by service of the petition upon him.

            C. Regardless of the decision on the contradictory motion, the court shall render judgment against the garnishee for the costs and a reasonable attorney fee for the motion. This shall include an award against the garnishee for the additional costs and a reasonable attorney fee actually incurred by the judgment creditor due to the fault of the garnishee in failing to initially respond.

            Acts 1999, No. 886, §1; Acts 2001, No. 250, §1; Acts 2026, No. 268, §1.