Evaluating a Possible Wrongful Arrest by a Bounty Hunter

Attorney Answer

If a bounty hunter arrested you without proper authority, or arrested the wrong person, you may have a civil claim — and for an arrest on or after July 1, 2024, Louisiana gives you two years from the date of the arrest to bring it, not the one year the old rule imposed.

Recovery agents generally must have proper authority — such as valid arrest documentation — and follow required steps before taking someone into custody. If those steps were not followed, or the wrong person was detained, that can support a civil claim for false arrest or false imprisonment. Whether that happened here still needs to be established, including whether the incident was reported to police and whether there are witnesses, photos, or other evidence of what occurred and of any injuries.

Louisiana used to impose an unusually short one-year prescriptive period on tort claims, and that is what most older material still says — but it changed. Under La. Civ. Code art. 3493.1, enacted by 2024 La. Acts No. 423, § 1, effective July 1, 2024, “Delictual actions are subject to a liberative prescription of two years,” running from the day the injury or damage is sustained. The old one-year articles, arts. 3492 and 3493, were repealed. The change is prospective only, so an arrest on or after July 1, 2024 carries the two-year period, while an arrest before that date is still governed by the repealed one-year rule. Check the date of your arrest before assuming the claim is gone — if it is more than a year old but less than two, it may well still be live.

What you can do:

1. Report the incident to police now if that hasn't been done, and get a report number.

2. Identify any witnesses and gather photos or other evidence of the arrest and any injuries.

3. Request any documentation the bounty hunter or bail company had authorizing the arrest.

4. Contact a Louisiana attorney immediately — given how little time may remain, don't delay getting an evaluation.

⏱ Time limits apply. False arrest and false imprisonment are delictual actions in Louisiana. Under La. Civ. Code art. 3493.1 (2024 La. Acts No. 423, § 1, eff. July 1, 2024) they prescribe two years from the date of the arrest; an arrest before July 1, 2024 falls under the repealed one-year rule, so an individual case review by a local attorney should happen promptly to confirm which period applies to your date.