Title 13, Courts and Judicial Procedure

0 chapters · 2,055 sections in this title.

2,055 sectionsFiltered byTitle 13

La. Rev. Stat. § 13:4261.205 Requirements of a supported decisionmaking agreement
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§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 sup…
La. Rev. Stat. § 13:4261.206 Revocation
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§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 th…
La. Rev. Stat. § 13:4261.207 Term of agreement
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§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 un…
La. Rev. Stat. § 13:4261.208 Access to personal information
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§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 accessi…
La. Rev. Stat. § 13:4261.301 Reliance
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§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 …
La. Rev. Stat. § 13:4261.302 Reporting of suspected abuse, neglect, or exploitation
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§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 ex…
La. Rev. Stat. § 13:4281 Capias ad satisfaciendum abolished
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§4281. Capias ad satisfaciendum abolished The writ of capias ad satisfaciendum is abolished.
La. Rev. Stat. § 13:4282 Fines; writ of fieri facias; rule to show cause
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§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…
La. Rev. Stat. § 13:4283 Form of writs
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§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, To the Sheriff of the Parish of __________, Gr…
La. Rev. Stat. § 13:4284 Return of writs of fieri facias
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§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, a…
La. Rev. Stat. § 13:4285 Retention of seized property by judgment debtor until day of sale; security therefor
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§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 o…
La. Rev. Stat. § 13:4286 Notice to pay unnecessary
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§4286. Notice to pay unnecessary It shall not be necessary for the sheriff to give notice to the defendant to pay the money on an execution before proceeding to levy thereunder.
La. Rev. Stat. § 13:4287 Duty to make return
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§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 t…
La. Rev. Stat. § 13:4288 Property not released or lien discharged by return of writ
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§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 …
La. Rev. Stat. § 13:4289 Sale under execution of property subject to tax sale, effect of subsequent redemption
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§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 i…
La. Rev. Stat. § 13:4290 Recovery of damages for excessive seizure in ordinary proceeding
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§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…
La. Rev. Stat. § 13:4291 Effect of child support payments; judicial mortgage and privilege; affidavit of
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§4291. Effect of child support payments; judicial mortgage and privilege; affidavit of support owed; prescription A.(1) Each payment of child support that is past due under the provisions of an award for child support rendered in a court of this state, or under a foreign child su…
La. Rev. Stat. § 13:43 Member qualifications; terms of office; chairman
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§43. Member qualifications; terms of office; chairman Members of the commission shall be residents and qualified voters of the state of Louisiana. Members shall serve four-year terms and vacancies shall be filled in the same manner as the original appointment. The commission shal…
La. Rev. Stat. § 13:4311 §§4311 to 4315 Repealed by Acts 1960, No
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§4311. §§4311 to 4315 Repealed by Acts 1960, No. 32, §2, eff. Jan. 1, 1961
La. Rev. Stat. § 13:4341 Time and place of sale; adjournments; Orleans Parish excepted
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§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 co…
La. Rev. Stat. § 13:4342 Repealed by Acts 1960, No
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§4342. Repealed by Acts 1960, No. 32, §2, eff. Jan. 1, 1961
La. Rev. Stat. § 13:4343 Property in two or more parishes; place of sale and advertisement
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§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…
La. Rev. Stat. § 13:4344 Certificate when mortgage records destroyed; conveyance certificate in Orleans Parish; certificate of motor vehicle commissioner
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§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 th…
La. Rev. Stat. § 13:4344.1 Deletion of inscriptions on mortgage certificates ordered by a sheriff
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§4344.1. Deletion of inscriptions on mortgage certificates ordered by a sheriff A. For immovable property procured pursuant to a judicial sale under a writ of fieri facias or a writ of seizure and sale, the clerk of court shall partially cancel from a mortgage certificate ordered…
La. Rev. Stat. § 13:4345 Penalty for failure of sheriff to procure and provide certificates required by law
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§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 hun…
La. Rev. Stat. § 13:4346 Failure of occupant to deliver possession to purchaser; writ of possession
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§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 pos…
La. Rev. Stat. § 13:4347 Destruction of place where sale advertised to be held; change in advertisement
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§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 destructi…
La. Rev. Stat. § 13:4348 Same; notice to parties
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§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 adver…
La. Rev. Stat. § 13:4349 Title of suit to be shown in advertisement of sales under execution
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§4349. Title of suit to be shown in advertisement of sales under execution In all advertisements of sales of property under execution, the sheriff shall insert the title of the suit in which the writ is issued.
La. Rev. Stat. § 13:4350 Judicial sales made by sheriff
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§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.
La. Rev. Stat. § 13:4351 Sales for certain parishes made in New Orleans if requested
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§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 b…
La. Rev. Stat. § 13:4352 Repealed by Acts 1960, No
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§4352. Repealed by Acts 1960, No. 32, §2, eff. Jan. 1, 1961
La. Rev. Stat. § 13:4353 Recitals of sheriff's act of sale
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§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 …
La. Rev. Stat. § 13:4354 Omission of any formality required by R.S
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§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…
La. Rev. Stat. § 13:4355 Certified copy of sheriff's act of sale proof of recitals in original; duplicate act when original lost; certified copy of duplicate
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§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…
La. Rev. Stat. § 13:4356 Delivery of sheriff's act of sale to clerk; registry
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§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…
La. Rev. Stat. § 13:4357 Record of sales under writs of fieri facias
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§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…
La. Rev. Stat. § 13:4358 Online auction companies
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§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 t…
La. Rev. Stat. § 13:4359 Portion of price to be paid on adjudication
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§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 …
La. Rev. Stat. § 13:4360 Resale if required payment not made; resale if adjudicatee fails to pay balance
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§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 …
La. Rev. Stat. § 13:4361 Deposit not earnest money; rule to turn over deposit
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§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, …
La. Rev. Stat. § 13:4362 Return of deposit if no loss, or of portion if loss does not exceed deposit
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§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 …
La. Rev. Stat. § 13:4363 Appointment of appraisers
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§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 …
La. Rev. Stat. § 13:4364 Sheriff to appoint appraiser if party does not appoint; delivery of appraisal
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§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 …
La. Rev. Stat. § 13:4365 Oaths of appraisers; sheriff appoints third appraiser if two cannot agree; minute, written appraisal; delivery
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§4365. Oaths of appraisers; sheriff appoints third appraiser if two cannot agree; minute, written appraisal; delivery A. The appraisers shall take an oath to make a true and just appraisal of the property. B. If the appraisers cannot agree, and (1) the difference in value between…
La. Rev. Stat. § 13:4366 Fees of appraisers
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§4366. Fees of appraisers A.(1) The fees of the appraisers shall be fixed by the sheriff at not more than fifty dollars on movables, and not less than one hundred dollars nor more than three hundred fifty dollars on immovable property for each appraiser. (2) On ex parte motion of…
La. Rev. Stat. § 13:4367 Purchaser; release from liens; cancellation of inscriptions
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§4367. Purchaser; release from liens; cancellation of inscriptions The sheriff shall give the purchaser of any property sold in any proceeding to enforce the liens and privileges enumerated in R.S. 9:4821(A)(1) a release from: (1) the lien or privilege of the seizing creditor; (2…
La. Rev. Stat. § 13:4368 Post judicial sale; cancellation of inferior mortgages, liens, and privileges
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§4368. Post judicial sale; cancellation of inferior mortgages, liens, and privileges A. If the inscription of an inferior mortgage, lien, or privilege encumbering the immovable property sold through a judicial sale is not cancelled as required by Code of Civil Procedure Article 2…
La. Rev. Stat. § 13:4369 Actions to set aside or annul online judicial sales
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§4369. Actions to set aside or annul online judicial sales No action shall be instituted to set aside or annul the judicial sale of immovable property through an online auction by reason of noncompliance with the requirements of Code of Civil Procedure Article 2344 or R.S. 13:435…
La. Rev. Stat. § 13:44 Commission members; compensation prohibited; expenses
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§44. Commission members; compensation prohibited; expenses Members of the commission shall not receive compensation for their services, but shall be paid actual expenses necessarily incurred in the performance of their duties as members of the commission. Acts 1995, No. 1077, §1.