§ 13:3876 — Storage of seized property; nonpayment of charges; sale of property;

Louisiana § 13:3876

• Jurisdiction: Louisiana
• Title 13: Courts and Judicial Procedure

Text

§3876. Storage of seized property; nonpayment of charges; sale of property;
suspensive appeal
Whenever movable property under seizure has been stored in a sheriff's or
constable's warehouse, and more than six months have elapsed without the payment,
by the parties in interest, of any storage charges during that period, the sheriff or
constable, as the case may be, shall proceed summarily by rule, in term time or in
vacation, against the seizing plaintiff and the defendant and other parties, shown by
the record to have an interest in the stored property, to show cause why the stored
property should not be sold to pay and satisfy the storage charges, and other charges
and commissions of the sheriff or constable. On the trial of such rule, the sheriff or
constable shall be entitled to a judgment ordering the sale of the stored property,
upon producing evidence that no storage charges have been paid thereon for a period
in excess of six months. If any party to the suit cannot be served for any reason, he
shall be represented by an attorney-at-law to be appointed by the court, and the return
of the sheriff or constable that the party cannot be located for service, shall be
sufficient authority for the appointment of an attorney-at-law. When the property is
ordered sold, pursuant to the provisions of this Section and 13:3877, it shall be sold
by the sheriff or constable, as the case may be, without appraisement, to the highest
bidder, for cash, after advertisement as required by law for the sale of movable
property. No suspensive appeal shall be taken from any judgment ordering the sale
of stored property, unless the party appealing furnish bond, with good and solvent
surety, conditioned as the law directs, for double the amount of the charges, costs and
commissions due the sheriff or constable.

Legislative History

Amended by Acts 1964, No. 159.