La. Code Civ. Proc. art. 424
This is the official text of La. Code Civ. Proc. art. 424, part of Louisiana’s Code of Civil Procedure — sets the procedural rules for civil lawsuits in Louisiana courts.
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Cause of action as a defense
Official statutory text
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.
Amended by Acts 1976, No. 710, §1; Acts 1977, No. 254, §1.
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.
Amended by Acts 1976, No. 710, §1; Acts 1977, No. 254, §1.
Status: in_force · Read it on the official government site
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