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ST. Bernard Justice Of The Peace

Judgements of Ownership  

Judgments of Ownership – Movable Property in Louisiana

1. General Authority of Justice of the Peace Courts

  • La. CCP Art. 4912 allows Justice of the Peace (JP) courts to handle suits over possession or ownership of movable property.

  • JP courts can issue judgments of ownership, but these must be recognized by the Office of Motor Vehicles (OMV).

  • Judgments of ownership are not a substitute for a legal transfer of title.


2. What Counts as Ownership?

  • Under Civil Code, ownership involves direct, immediate, and exclusive control of a thing.

  • Ownership typically comes from:

    • Sale (with bill of sale)

    • Donation (act of donation)

  • For titled movables (like cars), a proper title transfer is mandatory, usually requiring:

    • Notarized title

    • Notarized bill of sale or act of donation


3. Common Situations Needing Judgment of Ownership

  • Buyer receives only a bill of sale or improperly filled title.

  • Seller disappears, and title is not transferred.

  • Vehicle valued under $5,000 is required for JP involvement.


4. Pre-Approval Process by OMV

To pursue a JP court judgment:

  • Must first obtain a Form 3515 (Physical Inspection) from law enforcement (usually LA State Troopers).

  • Vehicle must be insured if driven for inspection.

  • Form 3515 verifies:

    • VIN

    • Vehicle description

    • Whether it’s stolen

  • Bring the form and all supporting documents to the JP.

  • JP sends the full package to OMV for review and investigation (~30 days).

  • OMV may require:

    • Certified letters to prior owners

    • Lien release

    • Out-of-state title checks


5. Outcome of JP Judgment

  • If OMV approves:

    • JP issues a Judgment of Ownership.

    • Applicant pays court filing fees.

    • Use judgment to obtain title and plate at OMV.

    • Sales tax, penalties, and insurance proof required.


6. Abandoned Vehicles: What You Cannot Do

  • No law allows you to “claim” a titled vehicle as abandoned property.

  • Cannot simply take possession—no “finders keepers” rule.

  • Only path is Acquisitive Prescription:

    • 3-year rule: Good faith possession + act of transfer (e.g., bill of sale)

    • 10-year rule: Possession alone, no title or good faith required


7. Car Repair Shops & Unclaimed Vehicles

  • Have a mechanic’s lien (possessory privilege) but not automatic ownership.

  • Must sue the owner and have the lien recognized.

  • Problems:

    • Unknown or absentee owners

    • Court can’t just give the vehicle to the shop

    • Car’s value might exceed the cost of repairs

  • Alternative: Use the Louisiana Towing and Storage Act (La. R.S. 32:1711 et seq.) to:

    • Sell or obtain title

    • Must follow proper notice and documentation procedures


Important Items 

  • Do not purchase a titled vehicle without a valid, notarized title.

  • If already purchased, start by gathering all paperwork and a Form 3515.

  • Use a Justice of the Peace only when all other avenues fail.

  • Never try to claim an abandoned vehicle without going through OMV or towing protocols.


Would you like a downloadable summary or a fillable checklist to guide someone through the process?