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La. Rev. Stat. § 9:2005 (2026)

Seizure by creditor; special claims

✓ current as of May 2026
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§2005. Seizure by creditor; special claims

Notwithstanding any stipulation in the trust instrument to the contrary, the proper court, in summary proceedings to which the trustee, the beneficiary, and the beneficiary's creditor shall be parties, may permit seizure of any portion of the beneficiary's interest in trust income and principal in its discretion and as may be just under the circumstances if the claim is based upon a judgment for:

(1) Alimony, or maintenance of a person whom the beneficiary is obligated to support;

(2) Necessary services rendered or necessary supplies furnished to the beneficiary or to a person whom the beneficiary is obligated to support; or

(3) Damages arising from a felony criminal offense committed by the beneficiary which results in a conviction or a plea of guilty.

Amended by Acts 2004, No. 521, §2; Acts 2010, No. 457, §1, eff. Aug. 15, 2010.

Notes of Decisions
Cited in 10 cases, 1971–2008 · leading case: Dela Vergne v. Dela Vergne, III, 745 So. 2d 1271 (La. Ct. App. 1999).
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Dela Vergne v. Dela Vergne, III, 745 So. 2d 1271 (La. Ct. App. 1999). · cites it 29× “Should LSA-R.S. 9:2005(3), which was not in effect at the time the trust was created, but which was in effect at the time Louis originally brought this claim and at all times since then, be applicable? It is undisputed that Charles' interest in the Schmidt-dela Vergne Trust is…”
Littleton v. Moss, 914 So. 2d 51 (La. Ct. App. 2005). · cites it 18× “R.S. 9:2005, and that it is disputed that the circumstances of the instant case fall under La.”
Brown v. Schwegmann, 990 So. 2d 1282 (La. Ct. App. 2008). · cites it 8× “R.S. 9:2005, Seizure by Creditor; Special Claims, of the Louisiana Trust Code governs seizure of a beneficiary's trust by creditors.”
Duvall v. McGee, 826 A.2d 416 (Md. 2003). · cites it 2× “Louisiana: La.Rev.Stat. Ann. § 9:2005 (West 1991) (A beneficiary's interest in a spendthrift trust may be seized to satisfy a judgment for "an offense or quasi-offense committed by the beneficiary or by a person for whose acts the beneficiary is individually responsible.”
Sligh v. First Nat. Bank of Holmes Cnty., 704 So. 2d 1020 (Miss. 1997). “" La. Rev. Stat. Ann. § 9:2005 (West 1991).”
Succession of McLean, 580 So. 2d 935 (La. Ct. App. 1991). “R.S. 9:2005(3). Devolutive appeals nos. 22,378 and 22,682 were granted on these respective judgments.”
Bagwell v. Bagwell, 812 So. 2d 854 (La. Ct. App. 2002). “R.S. 9:2005 specifically authorizes, in summary proceedings to which the trustee, beneficiary and creditor are parties, seizure of any part of a trust beneficiary's interest in the trust or its income to satisfy alimony or support obligations.”
Succession of McLean, 607 So. 2d 918 (La. Ct. App. 1992). · cites it 6× “Former LRS 13:4231; LRS 9:2005(3). FACTS The will of Marjorie Palmer McLean, who died on March 10, 1988, named her daughter, Mary McLean Obering, executrix of her succession, made various specific bequests not germane to this appeal, and left the residue of her succession…”
Hockwald v. Lavergne, 244 So. 2d 698 (La. Ct. App. 1971). “The Court is also bound by LSA-R.S. 9:2005, which provides that the Court may permit seizure of any portion of the beneficiary’s interest in trust and, in principal and his discretion if the claim is based upon a judgment for, among other things, alimony or maintenance of a…”
William B. Sligh v. First Nat'l Bank of Holmes Cnty. (Miss. 1995). “" La. Rev. Stat. Ann. § 9:2005 (West 1991).”
La. Rev. Stat. § 9:2005(1): 1 case
Littleton v. Moss, 914 So. 2d 51 (La. Ct. App. 2005). “R.S. 9:2005, and that it is disputed that the circumstances of the instant case fall under La.”
La. Rev. Stat. § 9:2005(3): 5 cases
Dela Vergne v. Dela Vergne, III, 745 So. 2d 1271 (La. Ct. App. 1999). “Should LSA-R.S. 9:2005(3), which was not in effect at the time the trust was created, but which was in effect at the time Louis originally brought this claim and at all times since then, be applicable? It is undisputed that Charles' interest in the Schmidt-dela Vergne Trust is…”
Littleton v. Moss, 914 So. 2d 51 (La. Ct. App. 2005). “R.S. 9:2005, and that it is disputed that the circumstances of the instant case fall under La.”
Succession of McLean, 580 So. 2d 935 (La. Ct. App. 1991). “R.S. 9:2005(3). Devolutive appeals nos. 22,378 and 22,682 were granted on these respective judgments.”
Brown v. Schwegmann, 990 So. 2d 1282 (La. Ct. App. 2008). “R.S. 9:2005, Seizure by Creditor; Special Claims, of the Louisiana Trust Code governs seizure of a beneficiary's trust by creditors.”
Succession of McLean, 607 So. 2d 918 (La. Ct. App. 1992). “Former LRS 13:4231; LRS 9:2005(3). FACTS The will of Marjorie Palmer McLean, who died on March 10, 1988, named her daughter, Mary McLean Obering, executrix of her succession, made various specific bequests not germane to this appeal, and left the residue of her succession…”
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