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La. Rev. Stat. § 9:2781 (2026)

Open accounts; attorney fees; professional fees; open account owed to the state

✓ current as of May 2026
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§2781. Open accounts; attorney fees; professional fees; open account owed to the state

A. When any person fails to pay an open account within thirty days after the claimant sends written demand therefor correctly setting forth the amount owed, that person shall be liable to the claimant for reasonable attorney fees for the prosecution and collection of such claim when judgment on the claim is rendered in favor of the claimant. Citation and service of a petition shall be deemed written demand for the purpose of this Section. If the claimant and his attorney have expressly agreed that the debtor shall be liable for the claimant's attorney fees in a fixed or determinable amount, the claimant is entitled to that amount when judgment on the claim is rendered in favor of the claimant. Receipt of written demand by the person is not required.

B. If the demand is forwarded to the person by first class mail to his last known address, a copy of the demand shall be introduced as evidence of written demand on the debtor.

C. If the demand is made by citation and service of a petition, the person shall be entitled to pay the account without attorney fees by delivering payment to the claimant or the claimant's attorney within ten days after service of the petition in city courts and fifteen days after service of the petition in all other courts.

D. For the purposes of this Section and Code of Civil Procedure Articles 1702 and 4916, "open account" includes any account for which a part or all of the balance is past due, whether or not the account reflects one or more transactions and whether or not at the time of contracting the parties expected future transactions. "Open account" shall include debts incurred for professional services, including, but not limited to, legal and medical services. For the purposes of this Section only, attorney fees shall be paid on open accounts owed to the state.

E. As used in this Section the following terms shall have the following meanings:

(1) "Person" means natural and juridical persons.

(2) "Reasonable attorney fees" means attorney fees incurred before judgment and after judgment if the judgment creditor is required to enforce the judgment through a writ of fieri facias, writ of seizure and sale, judgment debtor examination, garnishment, or other post-judgment judicial process.

F. If the judgment creditor incurs attorney fees after judgment on the principal demand associated with enforcement of the judgment, the judgment creditor may obtain judgment for those attorney fees and additional court costs by filing a rule to show cause along with an affidavit from counsel for the judgment creditor setting forth the attorney fees incurred. If the judgment debtor does not file with the court a memorandum in opposition at least eight days prior to the hearing on the rule, the court may award the attorney fees and court costs as prayed for without the necessity of an appearance in court by counsel for the judgment creditor. The rule to show cause shall include notice to the judgment debtor of the consequences under this Subsection of not timely filing a memorandum in opposition. The amount of any post-judgment award of attorney fees and costs shall be added to the total to be recovered on the principal demand through any existing writ or garnishment proceedings.

Added by Acts 1976, No. 399, §1; Amended by Acts 1977, No. 647, §1; Acts 1981, No. 463, §1; Acts 1983, No. 311, §1; Acts 1985, No. 701, §1; Acts 1986, No. 689, §1; Acts 1987, No. 485, §1, Acts 2001, No. 1075, §1; Acts 2010, No. 695, §1, eff. Aug. 15, 2010.

Notes of Decisions
Cited in 421 cases (75 in the last 5 years), 1978–2026 · leading case: Frank L. Beier Radio v. Black Gold Marine, 449 So. 2d 1014 (La. 1984).
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Frank L. Beier Radio v. Black Gold Marine, 449 So. 2d 1014 (La. 1984). · cites it 12× “R.S. 9:2781, the statute which provides for reasonable attorney fees attending the prosecution and collection of an amount due on an open account.”
Frey Plumbing Co., Inc. v. Foster, 996 So. 2d 969 (La. 2008). · cites it 12× “R.S. 9:2781 [now Subsection D, as re-designated by Acts 2001, No.”
Sessions & Fishman v. Liquid Air Corp., 616 So. 2d 1254 (La. 1993). · cites it 7× “90, pursuant to LSA-R.S. 9:2781. The petition asserted that Liquid Air did not respond to this demand letter.”
Heck v. Lafourche Par. Council, 860 So. 2d 595 (La. Ct. App. 2003). · cites it 8× “not the Lafourche Parish Government, was the named defendant; (3) in allowing recovery for services rendered after Breaux instructed Heck to perform no further services without his authorization; (4) in ordering payment of attorney's fees where the cause of action was based upon…”
Troth Corp. v. Deutsch, Kerrigan & Stiles, 951 So. 2d 1162 (La. Ct. App. 2007). · cites it 7× “R.S. 9:2781, which limits fees to those incurred in the prosecution and collection of the plaintiff's claim.”
Scarborough v. Nelson, 371 So. 2d 1261 (La. Ct. App. 1979). · cites it 7× “Plaintiff additionally seeks recovery of attorney's fees pursuant to the provisions of LSA-R.S. 9:2781. In his petition, which is styled "Petition on Open Account", plaintiff alleged that in the regular course of his business, he did broker certain insurance on behalf of…”
Newman v. George, 968 So. 2d 220 (La. Ct. App. 2007). · cites it 8× “George argues the trial court erred in not ruling that testimony clearly proves that plaintiff's records are not "accurate and trustworthy," thus precluding any recovery under La.”
Factor King, LLC v. Block Builders, LLC, 193 F. Supp. 3d 651 (M.D. La. 2016). · cites it 4× “R.S. § 9:2781, which allows a claimant to recover reasonable attorney fees for the prosecution and collection of an open account claim.”
Jacobs v. Loeffelholz, 647 So. 2d 1282 (La. Ct. App. 1994). · cites it 8× “R.S. 9:2781; 2) finding defendant was entitled to recover on his reconventional demands; and 3) failing to order defendant to pay all cost of the proceedings.”
Kem Search, Inc. v. Sheffield, 434 So. 2d 1067 (La. 1983). · cites it 2× “The record from the default judgment indicates that Sheffield also had a defense to the award of $3,000 in attorney's fees. When a creditor proves that his open account debtor failed to pay the debt within 30 days after receipt of a written demand therefor correctly setting…”
Mooring Fin. Corp. 401(k) Profit Sharing Plan v. Mitchell, 15 So. 3d 311 (La. Ct. App. 2009). · cites it 4× “If attorney fees are sought under R.S. 9:2781 or 2782, the attorney shall certify that fact and that a copy of the demand letter and if required, the return receipt showing the date received by the debtor are attached and that the number of days required by *325 R.”
Touro Infirmary v. Am. Mar. Officer, 34 So. 3d 878 (La. Ct. App. 2010). · cites it 7× “Each letter included a demand based on the Louisiana Open Accounts law phrased as follows: Pursuant to LSA-R.S. 9:2781, after receipt of this written demand, if you fail to pay the principal balance and penalties set forth above, suit will be filed causing additional liability…”
Show all 421 citing cases →
La. Rev. Stat. § 9:2781(A): 88 cases
Gulfstream Servs. v. Hot Energy Servs., 907 So. 2d 96 (La. Ct. App. 2005).
Sessions & Fishman v. Liquid Air Corp., 616 So. 2d 1254 (La. 1993). “90, pursuant to LSA-R.S. 9:2781. The petition asserted that Liquid Air did not respond to this demand letter.”
Mooring Fin. Corp. 401(k) Profit Sharing Plan v. Mitchell, 15 So. 3d 311 (La. Ct. App. 2009). “If attorney fees are sought under R.S. 9:2781 or 2782, the attorney shall certify that fact and that a copy of the demand letter and if required, the return receipt showing the date received by the debtor are attached and that the number of days required by *325 R.”
Hoskins v. Ziegler, 506 So. 2d 146 (La. Ct. App. 1987).
Frey Plumbing Co., Inc. v. Foster, 996 So. 2d 969 (La. 2008). “R.S. 9:2781 [now Subsection D, as re-designated by Acts 2001, No.”
La. Rev. Stat. § 9:2781(B): 3 cases
Bonanza Int'l, Inc. v. Restaurant Mgmt. Consultants, Inc., 625 F. Supp. 1431 (E.D. La. 1986).
St. Tammany Par. Hosp. v. Burris, 804 So. 2d 960 (La. Ct. App. 2001).
DePaul Hosp. v. Celestin, 463 So. 2d 694 (La. Ct. App. 1985).
La. Rev. Stat. § 9:2781(C): 26 cases
Bieber-Guillory v. Aswell, 723 So. 2d 1145 (La. Ct. App. 1998).
Heck v. Lafourche Par. Council, 860 So. 2d 595 (La. Ct. App. 2003). “not the Lafourche Parish Government, was the named defendant; (3) in allowing recovery for services rendered after Breaux instructed Heck to perform no further services without his authorization; (4) in ordering payment of attorney's fees where the cause of action was based upon…”
Wright & Moreno, L.L.C. v. Clement, 891 So. 2d 704 (La. Ct. App. 2004).
Dear v. Mabile, 637 So. 2d 745 (La. Ct. App. 1994).
Deubler Elec. Inc. v. Knockers of Louisiana, 665 So. 2d 481 (La. Ct. App. 1995).
La. Rev. Stat. § 9:2781(D): 55 cases
Frey Plumbing Co., Inc. v. Foster, 996 So. 2d 969 (La. 2008). “R.S. 9:2781 [now Subsection D, as re-designated by Acts 2001, No.”
Factor King, LLC v. Block Builders, LLC, 193 F. Supp. 3d 651 (M.D. La. 2016). “R.S. § 9:2781, which allows a claimant to recover reasonable attorney fees for the prosecution and collection of an open account claim.”
Malcolm Kelso v. Christine Butler, 899 F.3d 420 (5th Cir. 2018).
Retail Merchants Ass'n v. Forrester, 114 So. 3d 1175 (La. Ct. App. 2013).
Shreveport Elec. Co. v. OASIS POOL Serv., 889 So. 2d 274 (La. Ct. App. 2004).
La. Rev. Stat. § 9:2781(E)(2): 1 case
Monster Rentals, LLC v. Coonass Constr. of Acadiana, LLC, 162 So. 3d 1264 (La. Ct. App. 2015).
La. Rev. Stat. § 9:2781(F): 1 case
Monster Rentals, LLC v. Coonass Constr. of Acadiana, LLC, 162 So. 3d 1264 (La. Ct. App. 2015).
La. Rev. Stat. § 9:2781(c): 2 cases
FREEMAN v. Est. of McKnight, 578 So. 2d 996 (La. Ct. App. 1991).
Peppers Unlimited of Louisiana Inc v. Marketplace Brands LLC (W.D. La. 2026).
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