AMERICAN FINANCE CORP. OF COUSHATTA, INC. v. SMALL

No. 11638.

250 So.2d 768 (1971)

AMERICAN FINANCE CORPORATION OF COUSHATTA, INC., Plaintiff-Appellant, v. Tom Lee SMALL, Defendant-Appellee.

Court of Appeal of Louisiana, Second Circuit.

June 22, 1971.


Attorney(s) appearing for the Case

Gahagan & Kelly, by Donald G. Kelly, Natchitoches, for appellant.

Donald G. Horton, Coushatta, for appellee.

Before AYRES, HEARD and HALL, JJ.


HALL, Judge.

The issue in this case is whether a garnishment judgment rendered prior to the enactment of Act 242 of 1970 amending R.S. 13:3881(1) should be amended, on petition of the judgment debtor, to reflect the increased exemption from seizure provided in the 1970 act.

In February, 1969, appellant, American Finance Corporation of Coushatta, Inc., obtained a default judgment against appellee, Tom Lee Small, for the balance due on a promissory note. Subsequently...

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