Louisiana 2012 Regular Session

Louisiana House Bill HB350 Latest Draft

Bill / Chaptered Version

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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
ACT No. 19
Regular Session, 2012
HOUSE BILL NO. 350
BY REPRESENTATIVE ARNOLD
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
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: