Louisiana Revised Statutes 13:3852 – Notices of seizure
Terms Used In Louisiana Revised Statutes 13:3852
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Arrest: Taking physical custody of a person by lawful authority.
- Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Docket: A log containing brief entries of court proceedings.
- Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
A. The sheriff to whom the writ is directed shall make three notices setting forth the title of the action or proceeding, its docket number, the court that issued the writ, the amount of the judgment or claim specified in the writ, an exact copy of the description of the immovable property furnished to the sheriff in accordance with La. Rev. Stat. 13:3851, the fact that the sheriff is seizing the described property in accordance with Code of Civil Procedure Article 2293, information as provided in Subsection B of this Section concerning the property owner’s rights and the availability of housing counseling services, and the date of the first scheduled sale of the property. The initial sheriff’s sale date shall not be scheduled any earlier than sixty days after the date of the signed court order commanding the issuance of the writ. If the immovable property to be seized is owned by more than one party, the sheriff shall make an additional notice for each additional party. No other notice of seizure shall be required.
B. The following form shall be used for these notices by the sheriff:
“This is formal notice that today, this ________day of________, ________, I am seizing the property of ____________ described as: _______________________________________. This seizure is pursuant to Louisiana law, including La. Rev. Stat. 13:3851 through 3861. This seizure is a result of a writ of ____________, issued on the ________day of________, ________, by the ____________ Court. The writ was issued in ______________ versus___________________, Docket No. _______. This seizure is to satisfy a claim of $___________, plus interest and costs.
This matter is scheduled for sheriff’s sale as follows [COMPLETE ONLY ONE OF THE FOLLOWING ALTERNATIVES AS APPROPRIATE]:
[ ] A sheriff’s sale is scheduled to be conducted on the ________day of________, ________, at_______a.m./p.m. at _______.
[ ] A sheriff’s sale is scheduled to be conducted through an online auction on the________day of________, ________, beginning at ____ a.m./p.m., and bids may be entered on the platform having the following electronic address: _________.
Please be aware that the sheriff’s sale date or the manner in which the sale will be conducted may change. You may contact the sheriff’s office to find out the new date when the property is scheduled to be sold. The new sale date will also be published in the local newspaper in accordance with La. Rev. Stat. 43:203. If the sale is conducted through an online auction, the sheriff will, upon your request made before the day of the online auction, inform you of a location where you may, without charge, have use of a computer terminal or other accommodation to bid at the online auction.
If the seized property is residential property, you may be afforded the opportunity to bring your account in good standing by entering into a loss mitigation agreement with your lender, or by paying all of your past due payments plus permitted costs and expenses within the time permitted by law for reinstatement of your account. You are strongly encouraged to seek legal counsel. If you cannot afford to pay an attorney, you may be able to qualify for free legal services. Foreclosure prevention counseling services through a housing counselor, including loss mitigation, are provided free of charge. To find a local housing counseling agency approved by the U.S. Department of Housing and Urban Development, you may contact the U.S. Department of Housing and Urban Development or the Louisiana Housing Corporation.
THE FOLLOWING PARAGRAPH APPLIES ONLY TO PROPERTY THAT HAS BEEN SEIZED PURSUANT TO A WRIT OF SEIZURE AND SALE ISSUED IN AN EXECUTORY PROCEEDING: As provided in Louisiana Code of Civil Procedure Article 2642, defenses and procedural objections to an executory proceeding may be asserted either through an injunction proceeding to arrest the seizure and sale as provided in Articles 2751 through 2754, or a suspensive appeal from the order directing the issuance of the writ of seizure and sale, or both. A suspensive appeal from an order directing the issuance of a writ of seizure and sale shall be taken within fifteen days of service of the notice of seizure as provided in Article 2721. The appeal is governed by the provisions of Articles 2081 through 2086, 2088 through 2122, and 2124 through 2167, except that the security therefor shall be for an amount exceeding by one-half the balance due on the debt secured by the mortgage or privilege sought to be enforced, including principal, interest to date of the order of appeal, and attorney fees, but exclusive of court costs.
_______________________
Sheriff
Parish of _________________
By: _____________________”
C. The sheriff shall not be required to serve any further notice of rescheduled sale dates or rescheduled online auction dates provided the sheriff has not returned the writ to the clerk of court.
Acts 1960, No. 32, §6, eff. Jan. 1, 1961; Acts 1991, No. 662, §2, eff. Jan. 1, 1992; Acts 1992, No. 533, §1; Acts 2012, No. 504, §1; Acts 2013, No. 339, §1; Acts 2016, No. 132, §2; Acts 2023, No. 390, §2.