Louisiana Revised Statutes 13:4341 – Time and place of sale; adjournments; Orleans Parish excepted
Terms Used In Louisiana Revised Statutes 13:4341
- Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
A. All public sales by auction, the parish of Orleans excepted, when made by sheriffs, coroners, constables, auctioneers, or succession representatives shall be advertised to take place at the courthouse, any courthouse annex if located in the same parish as the courthouse but on the opposite side of any navigable river, or at some other public place in the vicinity of the courthouse, on any Monday, Wednesday, Friday, or Saturday of the month, beginning at 10:00 a.m., after the expiration of the time required by law for the advertisement of these sales; and the sheriff, coroner, constable, auctioneer, or succession representative may adjourn the sale to the following legal day, and then, from day to day, only in case there shall not be time to conclude the sale in one day. However, nothing contained in this Subsection shall deprive the defendant of the privilege now enjoyed by him of having his movable property, when it is under seizure, offered for sale at his domicile, upon his giving notice to the proper officer within three days after notice of seizure. In the sales of succession property consisting of only movable property or of both movable and immovable property, the succession representative may pray that the sale of the succession movable property be made on the premises.
B. When the sale takes place at the courthouse, courthouse annex, sheriff’s office, or other public place in the vicinity of the courthouse, the sheriff or other person conducting the sale may use an empty courtroom, auditorium, or office with sufficient seating for persons attending the sale. The location shall be accessible to the public and reasonably specified in the advertisement of the time and place of sale. The sheriff or other person conducting the sale shall maintain the decorum of proceedings during the sale and may use a microphone or amplified sound system for recitals required by the sale. The provisions of this Subsection are applicable to all parishes in the state. If the sale is held under the provisions of this Subsection at a location other than the steps of the courthouse, on the date of sale, a notice of the time and location of the sale shall be posted at the main entrance to the courthouse.
C. A sale conducted by online auction in accordance with Code of Civil Procedure Article 2344 shall take place on one of the days specified in Subsection A of this Section but shall not otherwise be subject to the provisions of this Section.
Acts 1988, No. 750, §1; Acts 2008, No. 623, §1; Acts 2023, No. 390, §2.