§ 13:4341 — Time and place of sale; adjournments; Orleans Parish excepted

Louisiana § 13:4341

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

Text

§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.

Legislative History

Acts 1988, No. 750, §1; Acts 2008, No. 623, §1; Acts 2023, No. 390, §2.