§3852. Notices of seizure
A.The sheriff to whom the writ is directed shall make three notices setting forth the
title of the action or proceeding, its docket number, the court that issued the writ, the amount
of the judgment or claim specified in the writ, an exact copy of the description of the
immovable property furnished to the sheriff in accordance with R.S. 13:3851, the fact that
the sheriff is seizing the described property in accordance with Code of Civil Procedure
Article 2293, information as provided in Subsection B of this Section concerning the
property owner's rights and the availability of housing counseling services, and the date of
the first scheduled sale of the property. The initial sheriff's sale date shall not be scheduled
any earlier than sixty days after the date of t
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§3852. Notices of seizure
A. The sheriff to whom the writ is directed shall make three notices setting forth the
title of the action or proceeding, its docket number, the court that issued the writ, the amount
of the judgment or claim specified in the writ, an exact copy of the description of the
immovable property furnished to the sheriff in accordance with R.S. 13:3851, the fact that
the sheriff is seizing the described property in accordance with Code of Civil Procedure
Article 2293, information as provided in Subsection B of this Section concerning the
property owner's rights and the availability of housing counseling services, and the date of
the first scheduled sale of the property. The initial sheriff's sale date shall not be scheduled
any earlier than sixty days after the date of the signed court order commanding the issuance
of the writ. If the immovable property to be seized is owned by more than one party, the
sheriff shall make an additional notice for each additional party. No other notice of seizure
shall be required.
B. The following form shall be used for these notices by the sheriff:
"This is formal notice that today, this ________day of________, ________, I am
seizing the property of ____________ described as:
_______________________________________. This seizure is pursuant to Louisiana law,
including R.S. 13:3851 through 3861. This seizure is a result of a writ of ____________,
issued on the ________day of________, ________, by the ____________ Court. The writ
was issued in ______________ versus___________________, Docket No. _______. This
seizure is to satisfy a claim of $___________, plus interest and costs.
This matter is scheduled for sheriff's sale as follows [COMPLETE ONLY ONE OF
THE FOLLOWING ALTERNATIVES AS APPROPRIATE]:
[ ] A sheriff's sale is scheduled to be conducted on the ________day of________,
________, at_______a.m./p.m. at _______.
[ ] A sheriff's sale is scheduled to be conducted through an online auction on
the________day of________, ________, beginning at ____ a.m./p.m., and bids may be
entered on the platform having the following electronic address: _________.
Please be aware that the sheriff's sale date or the manner in which the sale will be
conducted may change. You may contact the sheriff's office to find out the new date when
the property is scheduled to be sold. The new sale date will also be published in the local
newspaper in accordance with R.S. 43:203. If the sale is conducted through an online
auction, the sheriff will, upon your request made before the day of the online auction, inform
you of a location where you may, without charge, have use of a computer terminal or other
accommodation to bid at the online auction.
If the seized property is residential property, you may be afforded the opportunity to
bring your account in good standing by entering into a loss mitigation agreement with your
lender, or by paying all of your past due payments plus permitted costs and expenses within
the time permitted by law for reinstatement of your account. You are strongly encouraged
to seek legal counsel. If you cannot afford to pay an attorney, you may be able to qualify for
free legal services. Foreclosure prevention counseling services through a housing counselor,
including loss mitigation, are provided free of charge. To find a local housing counseling
agency approved by the U.S. Department of Housing and Urban Development, you may
contact the U.S. Department of Housing and Urban Development or the Louisiana Housing
Corporation.
THE FOLLOWING PARAGRAPH APPLIES ONLY TO PROPERTY THAT HAS
BEEN SEIZED PURSUANT TO A WRIT OF SEIZURE AND SALE ISSUED IN AN
EXECUTORY PROCEEDING: As provided in Louisiana Code of Civil Procedure Article
2642, defenses and procedural objections to an executory proceeding may be asserted either
through an injunction proceeding to arrest the seizure and sale as provided in Articles 2751
through 2754, or a suspensive appeal from the order directing the issuance of the writ of
seizure and sale, or both. A suspensive appeal from an order directing the issuance of a writ
of seizure and sale shall be taken within fifteen days of service of the notice of seizure as
provided in Article 2721. The appeal is governed by the provisions of Articles 2081 through
2086, 2088 through 2122, and 2124 through 2167, except that the security therefor shall be
for an amount exceeding by one-half the balance due on the debt secured by the mortgage
or privilege sought to be enforced, including principal, interest to date of the order of appeal,
and attorney fees, but exclusive of court costs.
_______________________
Sheriff
Parish of _________________
By: _____________________"
C. The sheriff shall not be required to serve any further notice of rescheduled sale
dates or rescheduled online auction dates provided the sheriff has not returned the writ to the
clerk of court.