Louisiana Code of Civil Procedure 2254 – Execution by sheriff; return; wrongful seizure
Terms Used In Louisiana Code of Civil Procedure 2254
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
A. The sheriff shall proceed promptly to execute the writ and make a return to the clerk who issued it, stating the manner in which it was executed.
B. The sheriff shall have no liability to the debtor or to any third party for wrongful or improper seizure of the debtor’s or third party’s property of the same general type as described in the debtor’s security agreement. If necessary, the sheriff shall request the secured creditor to identify the property subject to the security agreement and shall act pursuant to the secured creditor’s instructions. The debtor’s and other owner’s sole remedy for the wrongful or improper seizure of the property shall be for actual losses sustained under La. Rev. Stat. 10:9-625 against the secured creditor on whose behalf and pursuant to whose instructions the sheriff may act.
Acts 1989, No. 137, §18, eff. Sept. 1, 1989; Acts 2021, No. 259, §2.