reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4251.301. Transfer of guardianship or conservatorship to another state

RS 13:4251.301 - Transfer of guardianship or conservatorship to another state
A. A guardian or conservator appointed in this state may petition the court to transfer the guardianship or conservatorship to another state.
B. Notice of a petition under Subsection A of this Section must be given to the persons that would be entitled to notice of a petition in this state for the appointment of a guardian or conservator.
C. On the court's own motion or on request of the guardian or conservator, the incapacitated or protected person, or other person required to be notified of the petition, the court shall hold a hearing on a petition filed pursuant to Subsection A of this Section.
D. The court shall issue an order provisionally granting a petition to transfer a guardianship and shall direct the guardian to petition for guardianship in the other state if the court is satisfied that the guardianship will be accepted by the court in the other state and the court finds that:
(1) The incapacitated person is physically present in or is reasonably expected to move permanently to the other state.
(2) An objection to the transfer has not been made or, if an objection has been made, the objector has not established that the transfer would be contrary to the interests of the incapacitated person.
(3) Plans for care and services for the incapacitated person in the other state are reasonable and sufficient.
E. The court shall issue a provisional order granting a petition to transfer a conservatorship and shall direct the conservator to petition for conservatorship in the other state if the court is satisfied that the conservatorship will be accepted by the court of the other state and the court finds that:
(1) The protected person is physically present in or is reasonably expected to move permanently to the other state, or the protected person has a significant connection to the other state considering the factors in R.S. 13:4251.201(B).
(2) An objection to the transfer has not been made or, if an objection has been made, the objector has not established that the transfer would be contrary to the interests of the protected person.
(3) Adequate arrangements will be made for management of the protected person's property.
F. The court shall issue a final order confirming the transfer and terminating the guardianship or conservatorship upon its receipt of:
(1) A provisional order accepting the proceeding from the court to which the proceeding is to be transferred which is issued under provisions similar to R.S. 13:4251.302; and
(2) The documents required to terminate a guardianship or conservatorship in this state.
Acts 2016, No. 333, §1.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4251.302. Accepting guardianship or conservatorship transferred from another state

RS 13:4251.302 - Accepting guardianship or conservatorship transferred from another state
A. To confirm transfer of a guardianship or conservatorship transferred to this state under provisions similar to R.S. 13:4251.301, the guardian or conservator must petition the court in this state to accept the guardianship or conservatorship. The petition must include a certified copy of the other state's provisional order of transfer.
B. Notice of a petition under Subsection A of this Section must be given to those persons that would be entitled to notice if the petition were a petition for the appointment of a guardian or issuance of a protective order in both the transferring state and this state. The notice must be given in the same manner as notice is required to be given in this state.
C. On the court's own motion or on request of the guardian or conservator, the incapacitated or protected person, or other person required to be notified of the proceeding, the court shall hold a hearing on a petition filed pursuant to Subsection A of this Section.
D. The court shall issue an order provisionally granting a petition filed under Subsection A of this Section unless:
(1) An objection is made and the objector establishes that transfer of the proceeding would be contrary to the interests of the incapacitated or protected person; or
(2) The guardian or conservator is ineligible for appointment in this state.
E. The court shall issue a final order accepting the proceeding and appointing the guardian or conservator as guardian or conservator in this state upon its receipt from the court from which the proceeding is being transferred of a final order issued under provisions similar to R.S. 13:4251.301 transferring the proceeding to this state.
F. Not later than ninety days after issuance of a final order accepting transfer of a guardianship or conservatorship, the court shall determine whether the guardianship or conservatorship needs to be modified to conform to the law of this state.
G. In granting a petition under this Section, the court shall recognize a guardianship or conservatorship order from the other state, including the determination of the incapacitated or protected person's incapacity and the appointment of the guardian or conservator.
H. The denial by a court of this state of a petition to accept a guardianship or conservatorship transferred from another state does not affect the ability of the guardian or conservator to seek appointment as guardian or conservator in this state under Code of Civil Procedure Article 4561, if the court has jurisdiction to make an appointment other than by reason of the provisional order of transfer.
Acts 2016, No. 333, §1.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4251.401. Registration of guardianship orders

RS 13:4251.401 - Registration of guardianship orders
If a guardian has been appointed in another state and a petition for the appointment of a guardian is not pending in this state, the guardian appointed in the other state, after giving notice to the appointing court of an intent to register, may register the guardianship order in this state by filing certified copies of the order and letters of office in the mortgage and conveyance records of any appropriate parish of this state.
Acts 2016, No. 333, §1.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4251.402. Registration of protective orders

RS 13:4251.402 - Registration of protective orders
If a conservator has been appointed in another state and a petition for a protective order is not pending in this state, the conservator appointed in the other state, after giving notice to the appointing court of an intent to register, may register the protective order in this state by filing certified copies of the order and letters of office and of any bond in the mortgage and conveyance records of any parish in which property belonging to the protected person is located.
Acts 2016, No. 333, §1.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4251.403. Effect of registration

RS 13:4251.403 - Effect of registration
A. Upon registration of a guardianship or protective order from another state, except as prohibited under the laws of this state, the guardian or conservator may exercise in this state all powers authorized in the order of appointment, subject to the provisions of Code of Civil Procedure Article 4556, including representing the incapacitated or protected person in actions and proceedings in this state and, if the guardian or conservator is not a resident of this state, subject to any conditions imposed upon nonresident parties.
B. A court of this state may grant any relief available under this Chapter and other law of this state to enforce a registered order.
Acts 2016, No. 333, §1.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4251.501. Uniformity of application and construction

RS 13:4251.501 - Uniformity of application and construction
In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Acts 2016, No. 333, §1.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4251.502. Relation to Electronic Signatures in Global and National Commerce Act

RS 13:4251.502 - Relation to Electronic Signatures in Global and National Commerce Act
This Chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001, et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. Section 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. Section 7003(b).
Acts 2016, No. 333, §1.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4251.504. Transitional provision

RS 13:4251.504 - Transitional provision
A. This Chapter applies to guardianship and protective proceedings begun on or after the effective date.
B. Parts I, III, and IV of this Chapter and R.S. 13:4251.501 and 4251.502 apply to proceedings begun before the effective date, regardless of whether a guardianship or protective order has been issued.
Acts 2016, No. 333, §1.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4261. §§4261 to 4264 Repealed by Acts 1960, No. 32, §2, eff. Jan. 1, 1961

RS 13:4261 - §§4261 to 4264 Repealed by Acts 1960, No. 32, §2, eff. Jan. 1, 1961
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4261.102. Definitions

RS 13:4261.102 - Definitions
As used in this Chapter:
(1) "Adult" means an individual with a disability as defined by the Americans with Disabilities Act of 1990, 42 U.S.C. 12102, who has attained eighteen years of age or who is an emancipated minor.
(2) "Guardian" means a guardian as defined by R.S. 13:4251.102.
(3) "Supported decisionmaking" means a process of supporting and accommodating an adult to enable the adult to make life decisions, including decisions related to where the adult wants to live, the services, supports, and medical care the adult wants to receive, with whom the adult wants to live, and where the adult wants to work, without impeding the self-determination of the adult.
(4) "Supported decisionmaking agreement" is an agreement between an adult and a supporter entered into under this Chapter.
(5) "Supporter" means an individual who has attained the age of eighteen years of age and entered into a supported decisionmaking agreement with an adult.
Acts 2020, No. 258, §2.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4261.103. Purpose

RS 13:4261.103 - Purpose
The purpose of this Chapter is to recognize a less restrictive decisionmaking process and empowers supported decisionmaking as an option over interdiction for adults with disabilities who need assistance with decisions regarding daily living.
Acts 2020, No. 258, §2.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4261.201. Scope of supported decisionmaking agreement

RS 13:4261.201 - Scope of supported decisionmaking agreement
An adult may voluntarily, without undue influence or coercion, enter into a supported decisionmaking agreement with a supporter under which the adult authorizes the supporter to do any of the following:
(1) Provide supported decisionmaking, including assistance in understanding the options, responsibilities, and consequences of the adult's life decisions, without making those decisions on behalf of the adult.
(2) Assist the adult in accessing, collecting, and obtaining information that is relevant to a given life decision, including medical, psychological, financial, educational, or treatment records.
(3) Assist the adult in understanding the information described by Paragraph (2) of this Section.
(4) Assist the adult in communicating the adult's decisions to the appropriate parties.
Acts 2020, No. 258, §2.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4261.203. Requirements of supporter

RS 13:4261.203 - Requirements of supporter
A supporter shall do all of the following:
(1) Support the will and preference of the adult and not the supporter's opinion of the adult's best interests.
(2) Act honestly, diligently, and in good faith.
(3) Act within the scope set forth in the adult's supported decisionmaking agreement.
(4) Avoid conflicts of interest.
(5) Notify the adult in writing of the supporter's intent to resign as a supporter.
Acts 2020, No. 258, §2.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4261.204. Prohibitions

RS 13:4261.204 - Prohibitions
A supporter is prohibited from doing all of the following:
(1) Exerting undue influence upon the adult.
(2) Obtaining, without the consent of the adult, information relating to the adult acquired for a purpose other than assisting the adult in making a specific decision authorized by the supported decisionmaking agreement.
(3) Acting outside the scope of authority provided in the supported decisionmaking agreement.
(4) Obtaining, without the consent of the adult, nonpublic personal information relating to the adult as defined in 15 U.S.C. 6809(4)(A).
Acts 2020, No. 258, §2.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4261.205. Requirements of a supported decisionmaking agreement

RS 13:4261.205 - Requirements of a supported decisionmaking agreement
A. A supported decisionmaking agreement shall contain all of the following information:
(1) The name, address, and phone number of at least one supporter.
(2) A description of the decisionmaking assistance that a supporter shall provide to the adult and, if multiple supporters, how they shall work together.
B. A supported decisionmaking agreement may do any of the following:
(1) Appoint more than one supporter.
(2) Appoint an alternate to act in the place of a supporter under circumstances specified in the agreement.
(3) Authorize a supporter to share information with any other supporter or others named in the agreement.
C. A supported decisionmaking agreement shall be in the form of an authentic act, dated, and signed by the adult or by the adult's guardian if the adult lacks capacity under Civil Code Article 1918.
D. A supported decisionmaking agreement shall contain a separate declaration signed by each supporter named in the agreement indicating the supporter's relationship to the adult, willingness to act as a supporter, and acknowledgment of the duties of a supporter.
Acts 2020, No. 258, §2.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4261.206. Revocation

RS 13:4261.206 - Revocation
A. An adult may revoke a supported decisionmaking agreement at any time. A revocation shall be in the form of an authentic act, dated, and signed by the adult or the adult's guardian if the adult lacks capacity under Civil Code Article 1918, and a copy of the revocation shall be provided to each supporter.
B. A supporter may revoke a supported decisionmaking agreement at any time. A revocation shall be in the form of an authentic act, dated, and signed by the supporter, and a copy of the revocation shall be provided to the adult subject of the supported decisionmaking agreement, the adult's guardian, if applicable, and any other supporters.
Acts 2020, No. 258, §2.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4261.207. Term of agreement

RS 13:4261.207 - Term of agreement
A. A supported decisionmaking agreement terminates under any of the following circumstances:
(1) The adult subject of the supported decisionmaking agreement dies.
(2) The adult subject of the supported decisionmaking agreement revokes the agreement under R.S. 13:4261.206.
(3) The named supporter revokes his participation in writing without naming successor supporters.
(4) A court of competent jurisdiction determines that the adult does not have capacity to execute or consent to a supported decisionmaking agreement.
(5) A court of competent jurisdiction determines that a supporter has used the supported decisionmaking agreement to commit financial exploitation, abuse, or neglect of the adult.
(6) A court of competent jurisdiction appoints a temporary or permanent guardian for the person or property of the adult, unless the court's order of appointment does all of the following:
(a) Expressly modifies but continues the supported decisionmaking agreement.
(b) Limits the powers and duties of the guardian.
(7) The adult signs a valid durable power of attorney, except to the extent that the power of attorney expressly continues, in whole or in part, the supported decisionmaking agreement.
B. The court may enter an order under Paragraph (A)(4), (5), or (6) of this Section only after notice is given to the adult and all supporters named in the agreement and a hearing is conducted.
Acts 2020, No. 258, §2.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4261.208. Access to personal information

RS 13:4261.208 - Access to personal information
A. A supporter is authorized to assist the adult only in accessing, collecting, or obtaining information that is relevant to a decision authorized under the supported decisionmaking agreement.
B. If a supporter assists an adult in accessing, collecting, or obtaining personal information, including protected health information under the Health Insurance Portability and Accountability Act of 1996, P.L. 104-191, or educational records under the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. 1232g, the supporter shall ensure the information is kept privileged and confidential, as applicable, and is not subject to unauthorized access, use, or disclosure.
C. The existence of a supported decisionmaking agreement does not preclude an adult from seeking personal information without the assistance of a supporter.
Acts 2020, No. 258, §2.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4261.301. Reliance

RS 13:4261.301 - Reliance
A supported decisionmaking agreement that complies with Part II of this Chapter is presumed valid. A party may rely on the presumption of validity unless the party has actual knowledge that the supported decisionmaking agreement was not validly executed.
Acts 2020, No. 258, §2.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4261.302. Reporting of suspected abuse, neglect, or exploitation

RS 13:4261.302 - Reporting of suspected abuse, neglect, or exploitation
If a person who receives a copy of a supported decisionmaking agreement or is aware of the existence of a supported decisionmaking agreement and has cause to believe that the adult is being abused, neglected, or exploited by a supporter, the person shall report the alleged abuse, neglect, or exploitation to any adult protection agency or any local or state law enforcement agency.
Acts 2020, No. 258, §2.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4282. Fines; writ of fieri facias; rule to show cause

RS 13:4282 - Fines; writ of fieri facias; rule to show cause
When a fine is imposed by any court of justice for the non-attendance of any witness or juror, or for any other cause, the clerk shall issue, within two judicial days, a writ of fieri facias, at the suit of the state, against the person on whom the fine was imposed. Fines shall not be imposed without a rule on the party to show cause, unless the circumstances of the case should, in the discretion of the court, require no delay.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4283. Form of writs

RS 13:4283 - Form of writs
Writs of execution or of fieri facias shall be in the following form:
)
State of Louisiana,
_______________ )
____________Court,
vs. )
Parish of __________,
_______________ )
No. __________,
)
State of Louisiana,
We command you, that by seizure and sale of the property, real and personal, rights and credits of _____, in the manner prescribed by law, you cause to be made the sum of _____ dollars and _____ cents, debt, with interest thereon from the _____ day of _____, 19___, until paid, at the rate of _____ per centum per annum; and also the sum of _____ dollars and _____ cents, costs, as well as your own costs and charges, to satisfy a judgment lately rendered against the said _____ in our _____ court for the parish of _____, in favor of the said _____. And how you shall have executed this writ you make return to our said court as the law directs.
Witness, the Honorable Judge of the said court, this _____ day of _____, in the year of our Lord 19___.
____________, Clerk of said Court.
Amended by Acts 1960, No. 32, §1, eff. Jan. 1, 1961.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4284. Return of writs of fieri facias

RS 13:4284 - Return of writs of fieri facias
All writs of fieri facias issued by the clerks of the several courts shall be made returnable by them as provided by law. Each sheriff shall return all writs directed to him to the clerk's office from which they issued, as provided by law, and shall pay over any moneys received thereon to the party entitled thereto, or to his attorney at law. For the breach of any duty imposed on him in this section, the sheriff is liable to the party entitled to the benefit of the writ, for the full amount specified therein, which may be recovered, on contradictory motion, before the district court of which the sheriff is the executive officer.
Amended by Acts 1960, No. 32, §1, eff. Jan. 1, 1961.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4285. Retention of seized property by judgment debtor until day of sale; security therefor

RS 13:4285 - Retention of seized property by judgment debtor until day of sale; security therefor
The judgment debtor may have restored to him, until the day of sale, property of his which has been seized under a writ of fieri facias, by furnishing security for an amount exceeding by one-half the estimated value of the seized property. This security shall be conditioned upon the faithful delivery of the property at the time of the sale.
Amended by Acts 1960, No. 32, §1, eff. Jan. 1, 1961.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4287. Duty to make return

RS 13:4287 - Duty to make return
Sheriffs, coroners, when acting as sheriffs, and constables, shall return all writs of fieri facias, directed to them or any of them, on the return days named in the writs. If any sheriff, coroner or constable fails to make due return of such writ, on the return day thereof, such officer and his official sureties shall be held liable to pay to any party the damages sustained in consequence of such failure.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4288. Property not released or lien discharged by return of writ

RS 13:4288 - Property not released or lien discharged by return of writ
The return of any writ of fieri facias, on the return day thereof, shall in no case operate as a release of the seizure of property made under such writ, or as a discharge of any lien acquired by service of such a writ, unless the property so seized is duly sold, or unless such seizure is released by order of the party in whose favor it was made, or by order of a court of competent jurisdiction.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4289. Sale under execution of property subject to tax sale, effect of subsequent redemption

RS 13:4289 - Sale under execution of property subject to tax sale, effect of subsequent redemption
A. Whenever any sale of immovable property is made under execution, whether under a writ of fieri facias, or a writ of seizure and sale, or otherwise, and at the time of such sale there is any unredeemed tax sale of such property which is subsequently redeemed, there shall be vested in the purchaser at such sale under execution a title as valid as if such redemption had been effected prior to the sale under execution.
B. No action by any debtor, his heirs, successors, or assigns to claim any property heretofore sold under execution where the conditions set forth in Subsection A of this Section exist shall be brought after the expiration of six months from July 28, 1954.
Acts 1954, No. 539, §§1, 2.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4290. Recovery of damages for excessive seizure in ordinary proceeding

RS 13:4290 - Recovery of damages for excessive seizure in ordinary proceeding
When, under Article 2296 of the Code of Civil Procedure, the judgment debtor has obtained the release of an excessive seizure directed in bad faith by the seizing creditor, the judgment debtor may recover the damages sustained by him from the seizing creditor by an ordinary proceeding.
Added by Acts 1960, No. 32, §6, eff. Jan. 1, 1961.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4311. §§4311 to 4315 Repealed by Acts 1960, No. 32, §2, eff. Jan. 1, 1961

RS 13:4311 - §§4311 to 4315 Repealed by Acts 1960, No. 32, §2, eff. Jan. 1, 1961
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4341. Time and place of sale; adjournments; Orleans Parish excepted

RS 13:4341 - Time and place of sale; adjournments; Orleans Parish excepted
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.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4343. Property in two or more parishes; place of sale and advertisement

RS 13:4343 - Property in two or more parishes; place of sale and advertisement
In all judicial sales, where the property to be sold is situated in two or more parishes, such property may be sold in the respective parishes where it is situated, or all of such property may be sold in the parish wherein the order of sale issues. In either event the property shall be advertised for sale in the parishes where situated.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4344. Certificate when mortgage records destroyed; conveyance certificate in Orleans Parish; certificate of motor vehicle commissioner

RS 13:4344 - Certificate when mortgage records destroyed; conveyance certificate in Orleans Parish; certificate of motor vehicle commissioner
When immovable or other property susceptible of being mortgaged is to be sold under a writ of fieri facias or of seizure and sale in a parish the mortgage records of which have been destroyed in whole or in part, after reading the advertisement of the sale the sheriff shall read aloud a certificate from the register of mortgages showing to what extent the mortgage records are incomplete, and what mortgages and privileges appear to exist upon the remaining records affecting the property to be sold.
When immovable property situated in the parish of Orleans is to be sold under a writ of fieri facias or of seizure and sale, after reading the advertisement the sheriff shall read aloud a conveyance certificate describing the property to be sold and showing that the defendant has not alienated the property.
When a vehicle of the type required to be registered under R.S. 47:501 through 47:518 is to be sold under a writ of fieri facias or of seizure and sale, after reading the advertisement the sheriff shall read aloud a written statement from the motor vehicle commissioner, describing the vehicle and stating what the records of his office disclose as to the ownership of and chattel mortgages affecting such vehicle.
Amended by Acts 1960, No. 32, §1, eff. Jan. 1, 1961.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4345. Penalty for failure of sheriff to procure and provide certificates required by law

RS 13:4345 - Penalty for failure of sheriff to procure and provide certificates required by law
A sheriff who neglects to procure and provide the certificates required by law before a judicial sale under a writ of fieri facias or of seizure and sale shall be fined not less than two hundred and fifty dollars, nor more than five hundred dollars, and all costs of court. One half of this fine shall be paid to the complainant and the other half shall be retained by the state.
Amended by Acts 1960, No. 32, §1, eff. Jan. 1, 1961; Acts 2019, No. 415, §2.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4346. Failure of occupant to deliver possession to purchaser; writ of possession

RS 13:4346 - Failure of occupant to deliver possession to purchaser; writ of possession
Whenever a sheriff or constable acting under a writ of fieri facias, seizure and sale, or other order of sale, sells and adjudicates immovable property, and the occupant thereof does not deliver possession thereof on demand to the purchaser after the latter has paid the price of adjudication and has received an act of sale from the sheriff or constable, and due return has been made on the writ or order of sale, the clerk of the court which issued the writ or rendered the order, on the written demand of the purchaser, his agent, or attorney at law, shall issue a writ of possession. This writ shall be addressed to the sheriff or constable, commanding him to put the purchaser in physical possession of the property sold, in the same manner as now provided by law for other writs of possession.
Amended by Acts 1960, No. 32, §1, eff. Jan. 1, 1961.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4347. Destruction of place where sale advertised to be held; change in advertisement

RS 13:4347 - Destruction of place where sale advertised to be held; change in advertisement
In all cases where judicial sales have been advertised under an order of court, whether by the sheriff, constable, auctioneer, or any other officer, at a particular place, and where by destruction of the place, whether by fire or otherwise, it becomes impossible to make the sale as advertised, the sale may be advertised to be made in front of the court house of the parish. This may be done without commencing the advertisement anew, but by simply changing it in the insertion next after the fire or other circumstances which require the change. If the change should be necessitated within less than a week before the date of the sale, as advertised, then the sale shall not be made for one week after the original date, and the advertisement shall be changed accordingly.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4348. Same; notice to parties

RS 13:4348 - Same; notice to parties
Before advertising the change of place of sale as authorized in R.S. 13:4347, the sheriff, constable, auctioneer or other officer shall notify the parties to the suit of the place at which the sale shall be made, and of the time when the first advertisement announcing the change shall be published, and in what paper. This notice shall be served upon the parties or upon their attorneys of record. When instructed in writing by all parties to the proceeding, so to do, the sheriff shall re-advertise the property de novo.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4350. Judicial sales made by sheriff

RS 13:4350 - Judicial sales made by sheriff
All judicial sales made in pursuance of any order, judgment or decree of any court of this state, (except that of justices of the peace), shall be made by the sheriff of the parish where such sale is made unless otherwise provided.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4351. Sales for certain parishes made in New Orleans if requested

RS 13:4351 - Sales for certain parishes made in New Orleans if requested
In all cases where judicial sales of property are required to be made in the parishes of St. Bernard, Plaquemines and Jefferson, the property may be cried and adjudicated in the city of New Orleans, if requested by all parties if the property is to be sold under a writ, and in all cases if requested by the party at whose instance the order of sale was issued.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4353. Recitals of sheriff's act of sale

RS 13:4353 - Recitals of sheriff's act of sale
The sheriff's act of sale of property sold at judicial sale shall mention:
(1) The writ by virtue of which the property was seized and sold;
(2) The title and docket number of the action or proceeding in which the writ was issued, and the court which issued it;
(3) The names and surnames of the plaintiff, defendant, and purchaser at the sheriff's sale;
(4) A description of the property sold, and the price for which and conditions under which it was adjudicated;
(5) The manner in which the purchaser paid the price of the adjudication, or bound himself to pay it; and
(6) The amount of the privileges and mortgages with which the property sold was encumbered, and which were made known at the time of the sale.
This act shall conclude with the recital of the sale and transfer by the sheriff to the purchaser of all of the rights which the former owner had in the property sold.
Added by Acts 1960, No. 32, §6, eff. Jan. 1, 1961.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4354. Omission of any formality required by R.S. 13:4353 does not affect validity of sheriff's sale

RS 13:4354 - Omission of any formality required by R.S. 13:4353 does not affect validity of sheriff's sale
The omission of the sheriff to set out in his act of sale any of the recitals required by R.S. 13:4353 does not affect the validity of the judicial sale made by the sheriff.
Added by Acts 1960, No. 32, §6, eff. Jan. 1, 1961.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4355. Certified copy of sheriff's act of sale proof of recitals in original; duplicate act when original lost; certified copy of duplicate

RS 13:4355 - Certified copy of sheriff's act of sale proof of recitals in original; duplicate act when original lost; certified copy of duplicate
A copy of the sheriff's act of sale or property sold at judicial sale, certified by the clerk of court, is full proof of all of the recitals of the original act.
When the original act of sale is lost or mislaid before it is registered in the conveyance office of the parish, and a person interested in having the sale registered submits an affidavit that the original act has been lost or mislaid, the sheriff who sold the property, or a successor in office, may execute and issue, nunc pro tunc, another act of sale which may be registered in the conveyance office with the same effect as the original act. A copy of this duplicate act certified by the clerk of court is full proof of all of the recitals of the original act.
Added by Acts 1960, No. 32, §6, eff. Jan. 1, 1961.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4356. Delivery of sheriff's act of sale to clerk; registry

RS 13:4356 - Delivery of sheriff's act of sale to clerk; registry
Upon the execution by the sheriff of his act of sale of property sold judicially by him, the sheriff shall deliver the act to the clerk of the district court. When the property sold is immovable, the clerk shall register the act in the conveyance records of the parish.
Added by Acts 1960, No. 32, §6, eff. Jan. 1, 1961.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4357. Record of sales under writs of fieri facias

RS 13:4357 - Record of sales under writs of fieri facias
The sheriff shall record in a book kept by him for such purpose an exact account of all sales made by him under a writ of fieri facias, noting the sale, a description of the property sold, the name of the purchaser, and the price of adjudication. This book shall be available for inspection by any interested person.
Added by Acts 1960, No. 32, §6, eff. Jan. 1, 1961.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4358. Online auction companies

RS 13:4358 - Online auction companies
A. The sheriff may, in accordance with law, engage an auction company to perform an online auction pursuant to Code of Civil Procedure Article 2344, but the sheriff remains responsible for the performance or nonperformance of the duties delegated to that company. The sheriff shall not delegate the duties to serve notices required by law, to receive and obtain appraisals of the property, to determine the amount of the minimum bid required by law, to ascertain the existence of superior encumbrances, to release inferior encumbrances, to file the proces verbal of the sale or the act of sale in favor of the purchaser, or to distribute the proceeds of the sale.
B. The agreement between the sheriff and the auction company shall provide for the payment to the auction company of a fixed fee, which shall be taxed as costs of the sale, in an agreed amount not exceeding three hundred seventy-five dollars per adjudication.
C. Upon motion of the sheriff or either of the parties, the court may, in a specific case having exceptional circumstances and after a hearing, authorize a fee in excess of that provided in Subsection B of this Section.
D. The auction company conducting the sale shall not be entitled to any fee or compensation other than the fee authorized by this Section, and the auction company shall not be entitled to reimbursement of any expenses incurred in connection with the sale. Any contrary stipulation shall be absolutely null.
E. Any stipulation by which the auction company agrees to share any portion of its fee with the sheriff or otherwise provide a financial benefit of any nature to the sheriff shall be absolutely null.
F. The contract by which the sheriff engages an auction company to conduct an online auction under this Section shall contain such requirements as the sheriff may impose concerning data security and liability insurance. If the auction company will receive funds from bidders, other than fees earned by the auction company under this Section, the contract shall require the auction company to furnish a fidelity bond in an amount deemed appropriate by the sheriff.
G. The auction company shall segregate any funds received from bidders, other than fees earned by the auction company under this Section, from funds of the auction company and shall hold the funds received in a separate escrow, trust, or similar transaction settlement bank account holding funds as restricted cash separate from the general funds of the auction company. The auction company may use this account to conduct settlements, in which case the internet-based platform may collect bidder funds from sales into this account and then settle the transaction.
Acts 2023, No. 390, §2.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4359. Portion of price to be paid on adjudication

RS 13:4359 - Portion of price to be paid on adjudication
In all judicial sales when the terms of the sale are not fixed in the writ, judgment, or order of sale, before the advertisement the party provoking the sale may instruct the officer conducting the sale as to what portion of the purchase price is to be paid at the moment of adjudication. In default of such instruction, the officer may fix the amount, which in no case shall be less than ten per cent. The portion of the purchase price to be paid at the adjudication shall be stated in the advertisement.
Added by Acts 1960, No. 32, §6, eff. Jan. 1, 1961.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4360. Resale if required payment not made; resale if adjudicatee fails to pay balance

RS 13:4360 - Resale if required payment not made; resale if adjudicatee fails to pay balance
A. If the terms of the sale provide for the full payment of the adjudication price at the moment of the adjudication, or if the terms provide for a deposit, and the purchaser fails to make the full payment or deposit, the seizing creditor may direct the officer conducting the sale either to reoffer the property immediately or to readvertise the property for sale as provided in Subsection D of this Section. If the property is reoffered for sale immediately, the first purchaser is relieved of any liability. This Subsection does not apply to a sale conducted by online auction in accordance with Code of Civil Procedure Article 2344.
B. In the case of a sale conducted by online auction in accordance with Code of Civil Procedure Article 2344, the purchaser shall pay the adjudication price, and the deposit if the terms of the sale provide for a deposit, by 4:30 p.m. on the first day following the sale exclusive of legal holidays as provided in R.S. 1:55(E)(3). If the purchaser fails to do so, the seizing creditor may direct the officer conducting the sale either to adjudicate the property to the bidder who submitted the second highest bid at the online auction, if that bidder is still willing to purchase the property for the amount of his bid, or to readvertise the property for sale as provided in Subsection D of this Section. If the property is adjudicated to the second highest bidder, the first purchaser is relieved of any liability.
C. If the purchaser makes the deposit required by the terms of the sale and fails to pay the entire purchase price within thirty days after the adjudication, on demand of any interested party, the officer conducting the sale shall readvertise the property for sale as provided in Subsection D of this Section.
D.(1) When the property is readvertised, it shall be in the manner required by law for the advertisement of the original sale, and the second sale is at the risk and for the account of the first purchaser. Should there be a loss because of the second sale, the first purchaser is liable for the loss; but should the property bring a higher price at the second sale, the first purchaser has no right to the increase.
(2) The first purchaser shall not bid at a second sale.
Added by Acts 1960, No. 32, §6, eff. Jan. 1, 1961; Acts 2023, No. 390, §2.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4361. Deposit not earnest money; rule to turn over deposit

RS 13:4361 - Deposit not earnest money; rule to turn over deposit
If the terms of the sale provide for a deposit by the purchaser, this deposit shall not be considered earnest money and does not give the purchaser the right to withdraw from the sale by forfeiting the deposit. However, if the property is resold at the risk of the first purchaser, and a loss is occasioned by such resale, the party provoking the sale may proceed by rule against the first purchaser and the officer conducting the sale to have the deposit turned over to the plaintiff in rule, to the extent of such loss.
Added by Acts 1960, No. 32, §6, eff. Jan. 1, 1961.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4362. Return of deposit if no loss, or of portion if loss does not exceed deposit

RS 13:4362 - Return of deposit if no loss, or of portion if loss does not exceed deposit
After the second sale has been completed and the entire sale price has been paid, if no loss has resulted because of the resale, the deposit shall be returned to the first purchaser. If a loss has resulted and a portion of the deposit remains after payment of the loss, that portion shall be returned to the first purchaser.
Added by Acts 1960, No. 32, §6, eff. Jan. 1, 1961.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4363. Appointment of appraisers

RS 13:4363 - Appointment of appraisers
A. Not less than seven days, exclusive of holidays, before the sale of seized property, the sheriff shall serve written notice on the debtor and on the seizing creditor, in the manner provided for the service of a citation, directing each to name an appraiser to value the property and to notify the sheriff of his appointment prior to the time stated in the notice, which shall be at least four days, exclusive of holidays, prior to the time of the sale. The appraisal of the debtor and seizing creditor shall be made and delivered to the sheriff at least two days, exclusive of holidays, prior to the time of the sale.
B. If there are two or more debtors or seizing creditors and these parties cannot agree as to which should act as or appoint an appraiser, and in any case where an appraisal is required prior to the judicial sale and which is not otherwise provided for in this Section, on the ex parte application of the sheriff or of any interested party, the court shall designate the party to act as or appoint the appraiser, and the notice required by Sub-section A of this Section shall be served on the party so designated.
Added by Acts 1960, No. 32, §6, eff. Jan. 1, 1961. Amended by Acts 1978, No. 407, §1; Acts 1981, No. 140, §1; Acts 1982, No. 836, §1.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:4364. Sheriff to appoint appraiser if party does not appoint; delivery of appraisal

RS 13:4364 - Sheriff to appoint appraiser if party does not appoint; delivery of appraisal
A. If a party neglects to appoint an appraiser or to notify the sheriff within the time designated, the sheriff shall appoint an appraiser for him.
B. The appraisal of any appraiser appointed by the sheriff shall be made and delivered to the sheriff at a time prior to the sale.
Added by Acts 1960, No. 32, §6, eff. Jan. 1, 1961. Acts 1986, No. 214, §1.