A judgment creditor may proceed with the execution of a judgment only after the delay for a suspensive appeal therefrom has elapsed; however, recordation of a judgment in the mortgage records prior to the lapsing of the delay for a suspensive appeal does not begin proceedings for the execution of the judgment.
Art. 2252.Delay Before Proceeding With Execution
Book IV. Execution of Judgments · Title I. General Dispositions · Chapter 1. General Dispositions · Enacted 1985 · no amendments on record · Last verified July 30, 2026
In one sentenceArticle 2252 bars a judgment creditor from executing a judgment until the delay for taking a suspensive appeal has run, while making clear that recording the judgment in the mortgage records before that delay expires does not by itself count as beginning execution.
Full Text of Art. 2252
Amendment History
Acts 1985, No. 523, §1, eff. 7/12/1985.
Plain-English Summary
A suspensive appeal is an appeal that pauses enforcement of the judgment while it is pending, available to a Louisiana litigant who files the appeal and posts the required security within the delay the law allows. Article 2252 gives the judgment debtor the benefit of that same delay before the judgment creditor may even begin execution, whether or not the debtor ends up filing an appeal at all. The debtor gets a settled window to decide whether to appeal without a foot race against the sheriff.
The article then addresses a related question: what about recording the judgment in the parish mortgage records? Recording a money judgment there creates a judicial mortgage on the debtor's immovable property in that parish, ranking the creditor's claim against that property from the moment of recordation. Article 2252 makes clear that recording, even before the suspensive appeal delay has run, is not execution and does not violate the waiting period. A creditor may protect its ranking right away.
The distinction tracks a real difference between the two acts. Recording is a protective step that preserves the creditor's place in line among other creditors without disturbing the debtor's possession or use of the property. Execution, by seizing and selling that property, takes it. The judgment creditor may take the first step immediately and must wait on the second.
Frequently Asked Questions
How long must a judgment creditor wait before executing a judgment in Louisiana?
Until the delay for taking a suspensive appeal from that judgment has elapsed, whether or not the debtor ends up appealing.
Can I record my judgment in the mortgage records right away?
Yes. Article 2252 says that recording a judgment before the suspensive appeal delay runs does not count as beginning execution, so a creditor can record immediately to protect its ranking as a judicial mortgage.
What is a suspensive appeal, and why does it matter here?
A suspensive appeal, secured with the required security, pauses execution of a judgment while the appeal is pending. Article 2252 makes a creditor wait out that same delay period before starting execution regardless of whether an appeal is filed.
If I record the judgment but the debtor still appeals, what happens?
A timely suspensive appeal continues to suspend the judgment's execution. Recording protects the creditor's future priority on the property but does not let the creditor seize while a suspensive appeal is pending.
Source & verification. Article text is reproduced verbatim from
the Louisiana Code of Civil Procedure (legis.la.gov). Enacted by the Louisiana Legislature.
Last verified July 30, 2026.
· Official source
Also known as: delay before execution of a Louisiana judgmentArticle 2252 Louisianasuspensive appeal delay and executionrecording a judgment in the mortgage records Louisianawhen can a creditor execute a Louisiana judgment