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?