Art. 2333.Sale of Perishable Property
Book IV. Execution of Judgments · Title II. Money Judgments · Chapter 2. Judicial Sale Under Fieri Facias · Amendment history unavailable · Last verified July 30, 2026
Full Text of Art. 2333
Plain-English Summary
Some seized property loses value the longer it sits waiting for a sale, whether it is fresh produce, livestock, or another good subject to spoilage or deterioration. Waiting out the ordinary publication and appraisal timeline set by Articles 2331 and 2332 could leave the property worth far less, or nothing, by the time a sale could otherwise happen. Article 2333 gives the court a way around that delay.
At a party's request, the court can order an immediate public auction of perishable property that is subject to loss or deterioration, without the advertisement or appraisal a standard sale requires. The sale still has to be public, and every party still has to receive notice of when and where it will happen, so the shortcut trims the pre-sale formalities rather than the transparency of the auction itself.
Because there is no appraisal, none of the minimum-price protections tied to an appraised value apply here. The property sells for cash to whoever bids the highest, whatever that figure turns out to be, which reflects the trade-off between getting a competitive price and getting any price before the property is worthless.
Frequently Asked Questions
What kind of property qualifies for an immediate sale under Article 2333?
Property that is perishable and subject to loss or deterioration if it had to wait through the ordinary advertisement and appraisal process for a judicial sale.
Does perishable property still get appraised before this kind of sale?
No. Article 2333 dispenses with both advertisement and appraisal for an immediate sale of perishable property.
Do the parties still get notice of a perishable-property sale?
Yes. Even without advertisement, notice of the time and place of the sale must still be given to all parties.
Is there a minimum price for a perishable-property sale?
No. Since there is no appraisal, the property is sold for cash to the highest bidder, whatever the price turns out to be.