Louisiana 2012 2012 Regular Session

Louisiana House Bill HB940 Introduced / Bill

                    HLS 12RS-758	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. 940
BY REPRESENTATIVE ABRAMSON
SEIZURES/SALES:  Provides with respect to notice of seizures
AN ACT1
To amend and reenact R.S. 13:3852(A) and to enact R.S. 13:3852(C), relative to seizure of2
property; to provide with respect to notice of seizure; to provide that additional3
notice of rescheduled sale dates is not required; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 13:3852(A) is hereby amended and reenacted and R.S. 13:3852(C)6
is hereby enacted to read as follows: 7
ยง3852.  Notices of seizure8
A. The sheriff to whom the writ is directed shall make three notices setting9
forth the title of the action or proceeding, its docket number, the court which issued10
the writ, the amount of the judgment or claim specified in the writ, an exact copy of11
the description of the immovable property furnished him in accordance with R.S.12
13:3851, and the fact that the sheriff is seizing the described property, in accordance13
with Code of Civil Procedure Article 2293, and, if applicable, the date of the first14
scheduled sale of the property.  If the immovable property to be seized is owned by15
more than one party, the sheriff shall make an additional notice for each additional16
party.  No other notice of seizure shall be required.17
*          *          *18
C. The Sheriff shall not be required to serve any further notice of re-19
scheduled sale dates provided he has not returned the writ to the clerk of court.20 HLS 12RS-758	ORIGINAL
HB NO. 940
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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)]
Abramson	HB No. 940
Abstract: Provides that no additional notice of rescheduled sale dates shall be required for
seizure of property.
Present law provides for procedures by which immovable property may be seized to satisfy
a judgment.
Present law requires the sheriff to make three notices of the seizure proceedings before
seizing the described property.
Proposed law retains present law and provides that no additional notice is required, including
notice of rescheduled sale dates.
(Amends R.S. 13:3852(A); Adds R.S. 13:3852(C))