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Art. 2342.Act of Sale By Sheriff

Book IV. Execution of Judgments · Title II. Money Judgments · Chapter 2. Judicial Sale Under Fieri Facias · Enacted 1986 · no amendments on record · Last verified July 30, 2026

In one sentenceArticle 2342 requires the sheriff to pass a formal act of sale to the purchaser within fifteen days after adjudication, and it clarifies that this document only proves the sale rather than adding any legal force to what the adjudication already accomplished.

Full Text of Art. 2342

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Within fifteen days after the adjudication, the sheriff shall pass an act of sale to the purchaser, in the manner and form provided by law. The act of sale adds nothing to the force and effect of the adjudication, but is only intended to afford proof of it.

Amendment History

Acts 1986, No. 992, §1.

Plain-English Summary

An act of sale is the formal written instrument that transfers recorded title, the same kind of documentary instrument Louisiana's civil-law property practice uses in an ordinary private sale between a seller and buyer. Here, the sheriff executes it on the judgment debtor's behalf after a judicial sale rather than a private seller signing it voluntarily.

The article's central point is about timing and effect, not just paperwork. Ownership does not wait for the act of sale to take hold. The transfer of the debtor's rights to the purchaser already happens at adjudication, the moment the property is struck to the winning bidder. The act of sale that follows is a documentary record of a transfer that has already occurred; it adds nothing to the adjudication's legal force and exists only to furnish proof of it for the public record and any future purchaser tracing title.

The fifteen-day window gives the sheriff time to prepare and execute that document after the sale closes. A purchaser should expect the act of sale to arrive as a distinct, later step in the process rather than something handed over at the moment the gavel falls on the winning bid.

Frequently Asked Questions

What is an act of sale in a Louisiana judicial sale?

The formal written instrument the sheriff passes to the purchaser after the sale, serving as proof of the transfer that took place at adjudication.

Does ownership transfer when the act of sale is signed, or earlier?

Earlier. Ownership transfers at adjudication, when the property is struck to the winning bidder. The act of sale only proves that transfer; it does not create it.

How long does the sheriff have to execute the act of sale?

Fifteen days after adjudication.

What is the act of sale used for if it does not itself transfer ownership?

It provides documentary proof of the adjudication for the public record and for anyone later tracing the property's chain of title.

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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