Louisiana § RS 46:1853 - Distribution of escrow account funds
Full text of Louisiana Louisiana Civil Code § RS 46:1853 — Distribution of escrow account funds, with citation guidance and answers to common questions.
§ RS 46:1853. Distribution of escrow account funds
A. Proceeds paid into an escrow account provided for by this Chapter shall be retained for a period of ten years after the date of the court order or deposit by the contracting party, but during that period may be levied upon to satisfy a money judgment or reparations award rendered in favor of a victim or the legal representative of the victim of the defendant's crime.
B. If so ordered by a court, with notice to all interested parties and opportunity for hearing, the escrow account shall be used to satisfy, and disbursements made therefrom by the treasurer, in the following order:
(1) Court-ordered restitution in favor of a victim of the defendant's crime.
(2) A money judgment rendered by a court or an award of reparations by the Crime Victims Reparations Board in favor of a victim of the defendant's crime.
(3) Fees due for legal representation of the defendant in criminal proceedings, including the appeals process, to the extent that the defendant's representation was paid for by the state or an agency thereof, but such amounts paid shall not exceed twenty-five percent of the total amount in escrow.
(4) Any fines or costs assessed against the defendant by a court.
C. At the end of the ten-year period provided for in Subsection A of this Section, the remaining escrow account funds shall be paid into the Crime Victims Reparations Fund as provided for by R.S. 46:1816. However, if a civil action is pending against the defendant that would be eligible to be satisfied out of the escrow account, then the funds shall be held in escrow until completion of the action.
D. If the defendant has appealed his conviction and the appeal process is not finalized by the expiration of the ten-year period provided for in Subsection A of this Section, then the remaining escrow account funds shall be held until the appeal process is finalized, and if the conviction is reversed, the treasurer shall pay any money remaining in the escrow account to the defendant.
Acts 2012, No. 799, §3, eff. June 13, 2012.
Source: official Louisiana text · Last verified 2026-08-27
Frequently Asked Questions About Louisiana § RS 46:1853
What does Louisiana Civil Code § RS 46:1853 cover?
Section RS 46:1853 ("Distribution of escrow account funds") 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 46:1853?
A common citation format is "Louisiana Civil Code § RS 46:1853" (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 46:1853 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.