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La. Code Civ. Proc. art. 424

Cause of action as a defense

activein force · 2026-09-15 – presentact-effective-date

A person who has a right to enforce an obligation also has a right to use his cause of action as a defense.

Except as otherwise provided herein, a prescribed obligation arising under Louisiana law may be used as a defense if it is incidental to, or connected with, the obligation sought to be enforced by the plaintiff. A prescribed cause of action arising under The Federal Consumer Credit Protection Act may not be used as a defense even if it is incidental to, or connected with, the obligation sought to be enforced by the plaintiff.

However, in connection with the enforcement of a negotiable instrument the defense of redhibition may not be used if it has otherwise prescribed.

History

Amended by Acts 1976, No. 710, §1; Acts 1977, No. 254, §1.

Provenance

Source
legis.la.gov
Retrieved
2026-09-15
Edition
2026-09-15
Content hash
26b7582bc97aeb0273cfa8ddc383c7374363d736ea3d3b30c4a38b780d0cf070
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La. Code Civ. Proc. art. 424 — Cause of action as a d… · binding.law