Art. 2293.Notice to Judgment Debtor; Appointment of Attorney
Book IV. Execution of Judgments · Title II. Money Judgments · Chapter 1. Writ of Fieri Facias · Last amended 2023 · Last verified July 30, 2026
In one sentenceArticle 2293 requires the sheriff to record notice of a seizure of immovable property, serve the judgment debtor with notice of the seizure and sale, appoint an attorney to receive service when the debtor cannot be found, separately notify occupants, and sets limits on how long the recorded notice of seizure remains effective.
A. Upon making a seizure of immovable property, the sheriff shall file with the recorder of mortgages of the parish in which the immovable property is located a notice of seizure setting forth the title and docket number of the action out of which the writ issued, the judicial district and parish in which the action is pending, and a description of the immovable property.
B.
(1)After the seizure of property, the sheriff shall serve promptly upon the judgment debtor, in the manner provided for service of citation, a written notice of the seizure and a list of the property seized. The notice of seizure shall be accomplished by personal service or domiciliary service. If service cannot be made on the judgment debtor or his attorney of record, the court shall appoint an attorney upon whom service may be made. The notice of seizure shall include information concerning the time, date, and place of the sheriff's sale, in accordance with the form provided in R.S.13:3852(B). If the sheriff's sale is to be conducted through an online auction in accordance with Article 2344, the notice of seizure, or a subsequent notice served upon the judgment debtor at least three days before the sale, shall state that the sheriff's sale will be conducted through an online auction, shall specify the date of the online auction and the time when bidding is scheduled to open, and shall identify the electronic address of the platform through which bids can be entered. In the case of seizure of residential property, the notice of seizure shall include information concerning the availability of housing counseling services, in accordance with the form provided in R.S.13:3852(B).
(2)In addition to the written notice of seizure to be served on the judgment debtor as provided in Subparagraph (1) of this Paragraph, the sheriff shall also serve upon the occupants of the seized property a written notice stating that the subject property has been seized. Such service shall be accomplished by directing the notice to "occupants" of the seized premises and if the notice cannot be served personally or by domiciliary service upon the occupants, such service shall be accomplished by posting the notice upon the main entrance to the seized premises. The failure to serve the notices as provided herein shall not invalidate the sheriff's sale; however, such failure shall prevent the purchaser at the sheriff's sale from availing himself of the provisions of R.S.13:4346 as it applies to the ejectment or eviction of any occupants of the seized premises other than the judgment debtor. The failure to serve the notices required in this Paragraph shall not affect the rights of the foreclosing creditor or of the purchaser at the sheriff's sale under Code of Civil Procedure Articles 4701 et seq.
(a)If the premises foreclosed upon consists of more than ten units, instead of giving notice as provided in Subparagraph (2) of this Paragraph, the foreclosing creditor shall have the option of causing a sign or signs to be posted by the sheriff measuring not less than two feet high and three feet wide posted in such a manner as to notify residents of the building containing the following language or words to this effect: "_________ JUDICIAL DISTRICT COURT FOR THE PARISH OF _________, DOCKET NUMBER_______. THIS PROPERTY HAS BEEN SEIZED AND SHALL BE SOLD IN ACCORDANCE WITH LAW ON OR AFTER _________, 200__/s/ SHERIFF __________, PARISH. Any person who removes or damages this notice is subject to prosecution in accordance with R.S.14:56." The cost of preparation of such sign shall be borne by the foreclosing creditor and the fee of the sheriff in connection with the posting of such sign shall be determined in accordance with the provisions of R.S.13:5530(A)(14).
(b)An affidavit of the creditor shall be filed of record in the foreclosure proceeding stating that such sign was posted, which affidavit shall be prima facie evidence that the sign was posted in accordance with this Subparagraph.
(4)The provisions of Subparagraphs (2) and (3) of this Paragraph shall apply only to foreclosure proceedings on immovable property which is occupied or intended for occupancy as a residence and shall not apply to foreclosure proceedings on property subject to time share operations, hotels, motels, inns, guest houses, rooming houses, bed and breakfasts, camp sites, campgrounds, and other lodging establishments intended for the temporary housing of guests.
C. After the seizure of property, the sheriff shall give notice of the seizure to persons other than the judgment debtor in the manner and to the extent provided by R.S.13:3886. The sheriff shall file with the clerk who issued the writ his affidavit setting forth the name of each person to whom the notices were given and the address or addresses to which the notices were sent. The affidavit, when received by the clerk, shall form part of the record and shall be considered prima facie correct.
D. Cancellation of a mortgage, whether legal, judicial, or conventional, shall allow any interested party to cancel the notice of seizure of property affected by the mortgage upon submitting a request to cancel evidencing that the mortgage has been cancelled and upon submission of proof that all costs due the clerk of court and the sheriff have been paid. Nevertheless, a notice of seizure shall prescribe ten years after the date of recordation unless reinscribed in the same manner as an instrument creating a mortgage under Civil Code Article 3362. Any interested party may obtain cancellation of the notice of seizure on the basis of prescription of ten years without submitting evidence that all costs due to the clerk of court and sheriff have been paid in full.
When the sheriff seizes immovable property, the first step is public notice. The sheriff files a notice of seizure in the mortgage records of the parish where the property sits, identifying the case's title and docket number, the court where it is pending, and a description of the property. That filing warns title examiners, prospective buyers, and other creditors that the property is caught up in an execution proceeding.
The sheriff then has to serve the judgment debtor, promptly, by personal or domiciliary service, the same methods used to serve citation, with written notice of the seizure and a list of what was seized. That notice includes the sale's time, date, and place, or, if the sale will run through an online auction under Article 2344, the auction's date, the time bidding opens, and the platform's electronic address. If the seizure involves residential property, the notice must also mention the availability of housing counseling services. When the debtor and any attorney of record cannot be found for service, the court appoints an attorney whose role is to receive service on the debtor's behalf, so the case does not proceed to sale with the debtor left entirely out of the loop.
Notice to the debtor is not the whole picture. The sheriff must also notify whoever occupies the seized property, who may be tenants rather than the debtor, that it has been seized, either by service directed to the occupants or, if that fails, by posting notice on the property's main entrance. Skipping this step does not undo the sale, but it does keep the eventual buyer from using the faster eviction procedure against occupants other than the debtor. For larger residential properties with more than ten units, the creditor may substitute a large posted sign, meeting specific size and wording requirements, supported by an affidavit confirming it was posted, in place of notifying each occupant individually. None of these occupant-notice rules apply to hotels, campgrounds, and similar transient lodging.
The sheriff must also notify certain other interested persons and file an affidavit naming who received notice and where it was sent, which the clerk treats as presumptively correct once filed. And the recorded notice of seizure does not last forever: it prescribes ten years after recordation unless reinscribed the same way a mortgage must be, and once that period runs, or once the underlying mortgage is cancelled and the required costs are paid, any interested party can have the notice of seizure cancelled from the public record.
Frequently Asked Questions
What happens if the sheriff cannot locate the judgment debtor to serve notice of seizure?
The court appoints an attorney upon whom service can be made, so the seizure and sale can proceed with someone standing in to protect the absent debtor's interests.
What must the notice of seizure tell the judgment debtor?
A list of the property seized and the sale's time, date, and place, plus, if the sale will run through an online auction under Article 2344, the auction's date, the time bidding opens, and the platform's electronic address. Residential seizures must also mention the availability of housing counseling services.
Do tenants living in a seized property get their own notice?
Yes. The sheriff must separately notify occupants of the seizure, by service or, if that fails, by posting notice on the property's main entrance. Skipping this step does not void the sale but does block the buyer from using the faster eviction procedure against those occupants.
How long does a notice of seizure stay effective in the mortgage records?
Ten years from recordation, unless it is reinscribed the way a mortgage is. After that, any interested party can obtain its cancellation, even without proof that all clerk and sheriff costs were paid.
Is there an alternative to notifying every occupant individually in a large apartment complex?
Yes. For seized premises with more than ten units, the creditor may post a large sign meeting specific size and wording requirements instead, supported by an affidavit confirming it was posted.
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
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