HLS 12RS-969 ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2012
HOUSE BILL NO. 350
BY REPRESENTATIVE ARNOLD
CIVIL/PROCEDURE: Provides relative to rights of reimbursement in eviction cases
AN ACT1
To amend and reenact Code of Civil Procedure Article 2379, relative to evictions; to provide2
for rights of reimbursement; to provide for limitations; and to provide for related3
matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. Code of Civil Procedure Article 2379 is hereby amended and reenacted6
to read as follows: 7
Art. 2379. Rights of buyer in case of eviction 8
The purchaser who has been evicted from property sold under a writ of fieri9
facias shall have his recourse for reimbursement against the judgment debtor and the10
seizing creditor. If judgment is obtained against both, the purchaser shall issue11
execution first against the judgment debtor, and if his judgment remains unsatisfied,12
he may issue execution against the seizing creditor. The purchaser's right of13
reimbursement against the seizing creditor shall be limited to the value received by14
the seizing creditor from the sheriff's sale conducted to sell the property under the15
writ of fieri facias.16 HLS 12RS-969 ORIGINAL
HB NO. 350
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Arnold HB No. 350
Abstract: Limits the purchaser's right of reimbursement in an eviction proceeding to the
value received by the seizing creditor from the sheriff's sale of the property.
Present law provides that the purchaser who has been evicted from property sold under a
writ of fieri facias shall have a right of reimbursement against the judgment debtor and the
seizing creditor, and that if judgment is obtained against both, the purchaser shall execute
the judgment first against the judgment debtor and then against the seizing creditor, if his
judgment remains unsatisfied.
Proposed law provides that the purchaser's right of reimbursement against the seizing
creditor is limited to the value received by the seizing creditor from the sheriff's sale of the
property.
(Amends C.C.P. Art. 2379)