Possessory & Petitory Action Defenses Against Vehicle Pound – La. C.C.P. art. 3651–3664
Louisiana civil law provides specific procedural devices to recover wrongfully detained property: the POSSESSORY ACTION (La. C.C.P. art. 3655) protects existing possession, and the PETITORY ACTION (La. C.C.P. art. 3651) determines ownership. When a NOLA pound (e.g., Claiborne Auto Pound) refuses to release a vehicle pending payment of disputed fees, the owner may file a possessory action in the parish District Court demanding immediate restoration plus damages under La. C.C. art. 2315. Because Louisiana civil procedure provides a SUMMARY procedure for these actions (La. C.C.P. art. 2592), they can be heard within days — far faster than typical court relief.
Legal basis
La. C.C.P. art. 3651–3664; La. C.C.P. art. 2592 (summary proceedings); La. C.C. art. 2315; La. C.C. art. 526 (right of revendication)
Sample appeal wording
[Parish] District Court Civil Division [ADDRESS] IN RE: [NAME] v. [POUND/CITY/TOW COMPANY] PETITION FOR POSSESSORY ACTION & TEMPORARY RESTRAINING ORDER Petitioner [NAME] respectfully shows: 1. Petitioner is the registered owner of [YEAR][MAKE][MODEL], plate [PLATE], VIN [VIN] (title attached). 2. On [DATE], Defendant impounded the vehicle and now refuses release pending payment of $[AMOUNT] in disputed fees. 3. Petitioner has tendered payment of undisputed amounts and disputes the remainder for the reasons set forth in Exhibit A. 4. Continued detention constitutes wrongful conversion (La. C.C. art. 2315) and disturbance of Petitioner's peaceable possession (La. C.C.P. art. 3655). 5. Irreparable harm continues daily through accruing storage fees, loss of use, and inability to commute. WHEREFORE Petitioner prays for: (a) A TEMPORARY RESTRAINING ORDER directing immediate release of the vehicle pending hearing; (b) Trial by SUMMARY PROCEEDING under La. C.C.P. art. 2592; (c) Permanent injunction; (d) Damages under La. C.C. art. 2315 including loss of use, alternative transportation, and attorney's fees if recoverable; (e) Costs and any further relief. [NAME], pro se | [ADDRESS] | [PHONE] | [DATE]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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- La. C.C.P. art. 3651–3664
- La. C.C.P. art. 2592 (summary proceedings)
- La. C.C. art. 2315, 526
- Louisiana State Bar Association Civil Procedure forms