Louisiana § RS 37:1864.4 - Statement by seller required; failure to exact statement evidence of fraudulent intent; exoneration from criminal knowledge
Full text of Louisiana Louisiana Civil Code § RS 37:1864.4 — Statement by seller required; failure to exact statement evidence of fraudulent intent; exoneration from criminal knowledge, with citation guidance and answers to common questions.
§ RS 37:1864.4. Statement by seller required; failure to exact statement evidence of fraudulent intent; exoneration from criminal knowledge
A.(1) Every secondhand dealer shall obtain a signed statement from the seller that the junk or used or secondhand property has been paid for or is owned by the seller, and a failure of the dealer to exact a statement from the seller shall be prima facie evidence of the fraudulent intent and guilty knowledge on the part of the dealer within the meaning of this Part, sufficient to warrant a conviction.
(2) In transactions involving railroad track materials, a secondhand dealer shall require the party seeking to sell or dispose of the materials to furnish a signed statement from the appropriate railroad company consenting to the sale of the railroad track materials identified in the statement, which shall be retained by the secondhand dealer. The statement shall include the name of the railroad company consenting to the sale and the name, employee number, and phone number of the person signing the statement authorizing the sale. The secondhand dealer shall attempt to verify the authenticity of the statement authorizing the sale of the railroad track materials.
B. A secondhand dealer who obtains the required statement from the seller shall be exonerated from any fraudulent, willful, or criminal knowledge within the meaning of this Part.
Acts 2011, No. 389, §1.
Source: official Louisiana text · Last verified 2026-08-27
Frequently Asked Questions About Louisiana § RS 37:1864.4
What does Louisiana Civil Code § RS 37:1864.4 cover?
Section RS 37:1864.4 ("Statement by seller required; failure to exact statement evidence of fraudulent intent; exoneration from criminal knowledge") is part of the Louisiana Civil Code, the codified statutory law of Louisiana. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Louisiana § RS 37:1864.4?
A common citation format is "Louisiana Civil Code § RS 37:1864.4" (Louisiana). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Louisiana law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Louisiana official source linked on this page or consult a licensed Louisiana attorney.
How does Louisiana § RS 37:1864.4 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Louisiana can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Louisiana.