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Regular Session, 2013 ENROLLED
SENATE BILL NO. 27
BY SENATOR BROOME AND REPRESENTATIVES WESLEY BISHOP AND LEGER
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
AN ACT1
To amend and reenact R.S. 13:3852 and Code of Civil Procedure Articles 2293(B)(1) and2
2721(B), relative to seizure and sale of property; to provide relative to notice to3
judgment debtors in money judgments after seizure of property; to provide for the4
type of service and timing of notice of seizure of property; to provide for the timing5
of the sheriff's sale date; to provide for notice of the possibility of a change in6
scheduled sale dates of seized property; to provide for the information to be included7
in notice of seizure of property and applicable sale dates; and to provide for related8
matters.9
Be it enacted by the Legislature of Louisiana:10
Section 1. R.S. 13:3852 is hereby amended and reenacted to read as follows:11
ยง3852. Notices of seizure12
A. The sheriff to whom the writ is directed shall make three notices setting13
forth the title of the action or proceeding, its docket number, the court which issued14
the writ, the amount of the judgment or claim specified in the writ, an exact copy of15
the description of the immovable property furnished him in accordance with R.S.16
13:3851, and the fact that the sheriff is seizing the described property, in accordance17
with Code of Civil Procedure Article 2293, information as provided in Paragraph18
B concerning the property owner's rights and the availability of housing19
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counseling services, and, if applicable, the date of the first scheduled sale of the1
property. The initial sheriff's sale date shall not be scheduled any earlier than2
sixty days after the date of the signed court order commanding the issuance of3
the writ. If the immovable property to be seized is owned by more than one party,4
the sheriff shall make an additional notice for each additional party. No other notice5
of seizure shall be required.6
B. The following form may shall be used for these notices by the sheriff:7
"Notice is hereby given that I am this day seizing, in accordance with the8
provisions of R.S. 13:3851 through 13:3861, the following described immovable9
property, to wit: _______________________________________ as the property of10
____________, under a writ of ______________, issued on the ______ day of11
_________, _____, by the ____________ District Court for the Parish of12
_______________________________, in the matter entitled ______________13
versus___________________, No. _______ of its docket, to satisfy a claim of14
$___________, interest and costs, this ____ day of __________, _____. This matter15
is scheduled for sheriff's sale on ________day of________, ________,16
at_______A.M./P.M., or any day thereafter as scheduled by the sheriff. Please be17
aware that the sheriff's sale date may change. You may contact the sheriff's18
office to find out the new date when the property is scheduled to be sold. The19
new sale date will also be published in the local newspaper in accordance with20
R.S. 43:203. If the seized property is residential property, you may be afforded21
the opportunity to bring your account in good standing by entering into a loss22
mitigation agreement with your lender, or by paying all of your past due23
payments plus permitted costs and expenses within the time permitted by law24
for reinstatement of your account. You are strongly encouraged to seek legal25
counsel. If you cannot afford to pay an attorney, you may be able to qualify for26
free legal services. Foreclosure prevention counseling services through a27
housing counselor, including loss mitigation, are provided free of charge. To28
find a local housing counseling agency approved by the U.S. Department of29
Housing and Urban Development, you may contact the U.S. Department of30 SB NO. 27 ENROLLED
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Housing and Urban Development or the Louisiana Housing Corporation.1
2
_______________________,3
Sheriff4
Parish of _________________5
By: _____________________"6
C. The sheriff shall not be required to serve any further notice of rescheduled7
sale dates provided he has not returned the writ to the clerk of court.8
Section 2. Code of Civil Procedure Articles 2293(B)(1) and 2721(B) are hereby9
amended and reenacted to read as follows:10
Art. 2293. Notice to judgment debtor; appointment of attorney11
* * *12
B.(1) After the seizure of property, the sheriff shall serve promptly upon the13
judgment debtor a written notice of the seizure and a list of the property seized, in14
the manner provided for service of citation. Such notice of seizure shall be15
accomplished by personal service or domiciliary service. If service cannot be16
made on the judgment debtor or his attorney of record, the court shall appoint an17
attorney upon whom service may be made. The notice of seizure shall be18
substantially similar to include information concerning the availability of housing19
counseling services, as well as the time, date, and place of the sheriff's sale, in20
accordance with the form provided in R.S. 13:3852(B).21
* * *22
Art. 2721. Seizure of property; notice23
* * *24
B. The sheriff shall serve upon the defendant a written notice of the seizure25
of the property. Such notice of seizure shall be accomplished by personal service26
or domiciliary service. The notice of seizure shall include information27
concerning the availability of housing counseling services, as well as the time,28
date, and place of the sheriff's sale, in accordance with the form provided in29
R.S. 13:3852(B).30 SB NO. 27 ENROLLED
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* * *1
Section 3. The provisions of this Act shall be known and may be cited as the2
Louisiana Home Protection Act.3
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: