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Art. 2344.Online Auctions

Book IV. Execution of Judgments · Title II. Money Judgments · Chapter 2. Judicial Sale Under Fieri Facias · Enacted 2023 · no amendments on record · Last verified July 30, 2026

In one sentenceArticle 2344 authorizes the sheriff to conduct a judicial sale as an online auction through a publicly accessible electronic platform instead of an in-person sale, and it sets parallel rules for notice, bidding procedure, disclosure of certificates, bidder qualifications, and creditor presence that mirror the requirements for a traditional sale.

Full Text of Art. 2344

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A. In lieu of selling the seized property at an auction conducted at a designated place, the sheriff may offer the property for sale by an online auction conducted through a computer network or other electronic telecommunications system generally available to the public.
B. Notice of a sale by online auction shall be published in accordance with Article 2331 and in the manner provided by law. In addition to the other requirements of law, the notice shall state that the sale will be conducted through an online auction, shall identify the electronic address of the platform through which bids can be entered, and shall specify the date of the sale and the time when bidding is scheduled to open.
C. Online auctions shall be conducted only on a day on which the sheriff is permitted by law to conduct judicial sales, beginning at a time set by the sheriff. Online bidding at each sale shall be open until at least two minutes have elapsed since the most recent bid was entered, or if no bid is entered, until at least two minutes have elapsed since bidding was opened. The amount of each bid shall be posted on the platform and made visible to the public contemporaneously with the entering of the bid. The sheriff may set a minimum incremental bid amount for each sale.
D. Before the opening of bidding, the platform on which bidders enter bids for the property shall display or otherwise make accessible the advertisement of the sale, the mortgage certificate, and all other certificates that the sheriff would be required by Article 2334 to read aloud at the time and place designated for a sheriff's sale. The platform shall also display the announcement required by Article 2335.
E. The sheriff may impose reasonable qualifications on bidders other than the seizing creditor and the debtor, including the requirement to pay a deposit or provide proof of available funds before the opening of bidding. These qualifications shall be displayed or otherwise made accessible on the platform.
F. Upon request made by the debtor before the day of the online auction, the sheriff shall inform the debtor of a location where the debtor may, without charge, have use of a computer terminal or other accommodation to bid at the online auction.
G. Entry by a seizing creditor of a bid at an online auction or the seizing creditor's indication on the platform that it is present for the online auction or that it will not enter a bid constitutes presence at the sale for the purposes of Article 2338.
H. Except as otherwise provided in this Article, the online auction shall be conducted as far as practicable in compliance with the requirements of this Chapter and Chapter 3 of this Title.

Amendment History

Added by Acts 2023, No. 390, §1, eff. 8/1/2023.

Plain-English Summary

Article 2344 lets the sheriff move an entire judicial sale onto a computer network or similar electronic system accessible to the public, in place of holding it at a designated physical location. The rest of the article works to preserve, in digital form, the same protections the chapter builds around an in-person sale.

On the notice side, publication still follows Article 2331's schedule, but the notice must also identify the platform's electronic address and specify when bidding is scheduled to open. Before bidding opens, the platform itself has to display the advertisement, the mortgage certificate, and any other certificate that Article 2334 would otherwise require the sheriff to read aloud, along with the superior-encumbrance announcement Article 2335 requires at an in-person sale. An online bidder is meant to see the same information a bidder standing at the sale in person would hear.

The bidding mechanics have their own structure. Online auctions can only run on days the sheriff could otherwise hold a judicial sale. Each new bid resets a two-minute window, so bidding cannot close the instant a bid arrives, and every bid amount posts publicly and immediately so bidders can watch where the auction stands in real time. The sheriff can set a minimum bid increment and can require bidders other than the debtor or the seizing creditor to meet reasonable qualifications, such as a deposit or proof of available funds, disclosed on the platform in advance.

Two further provisions round out the article. A debtor who asks the sheriff beforehand can learn of a location offering free use of a computer to bid in the auction. And a seizing creditor who bids, or who tells the platform he is present or will not bid, is treated as present at the sale for purposes of Article 2338's rule protecting an absent superior creditor. Beyond what this article specifically changes, an online sale still has to follow the rest of this chapter and the chapter that follows it, applied as far as they reasonably can be to a virtual format.

Frequently Asked Questions

Can a Louisiana sheriff hold a judicial sale entirely online?

Yes. Article 2344 allows the sheriff to sell seized property through an online auction conducted on an electronic platform accessible to the public, instead of an in-person sale.

What has to be posted on the platform before online bidding opens?

The advertisement of the sale, the mortgage certificate, any other certificate that would be read aloud at an in-person sale under Article 2334, and the superior-encumbrance announcement required by Article 2335.

How does online bidding stay open, is there a countdown before it closes?

Yes. Bidding stays open until at least two minutes have passed since the most recent bid, or since bidding opened if no bid has been entered, so a late bid keeps the auction going rather than ending it.

What if a debtor does not have a computer to bid online?

The debtor can ask the sheriff beforehand, and the sheriff must inform the debtor of a location where a computer or similar accommodation is available at no charge.

Does bidding online count as being present at the sale for the seizing creditor's protections under Article 2338?

Yes. Entering a bid, or telling the platform he is present or will not bid, constitutes presence at the sale for purposes of Article 2338.

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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