The purchaser who has been evicted from property sold under a writ of fieri facias shall have his recourse for reimbursement against the judgment debtor and the seizing creditor. If judgment is obtained against both, the purchaser shall issue execution first against the judgment debtor, and if his judgment remains unsatisfied, he may issue execution against the seizing creditor. The purchaser's right of reimbursement against the seizing creditor shall be limited to the value received by the seizing creditor from the sheriff's sale conducted to sell the property under the writ of fieri facias.
Art. 2379.Rights of Buyer In Case of Eviction
Book IV. Execution of Judgments · Title II. Money Judgments · Chapter 3. The Adjudication and Its Effect · Enacted 2012 · no amendments on record · Last verified July 30, 2026
In one sentenceArticle 2379 gives a purchaser who is evicted from property bought at a sheriff's sale a right of reimbursement, pursued first against the judgment debtor and then, if that judgment remains unsatisfied, against the seizing creditor, limited to the value the seizing creditor received from the sale.
Full Text of Art. 2379
Amendment History
Acts 2012, No. 19, §1.
Plain-English Summary
"Eviction" here does not mean a landlord removing a tenant. It carries its Louisiana civil-law property meaning: a purchaser is evicted when a third party successfully asserts a superior claim of ownership to the property, taking it away from the purchaser after the sale. That can happen, for instance, if it turns out the judgment debtor never owned the property to begin with, or owned less of it than the sale assumed, since Article 2371 only transferred whatever the debtor had.
An evicted purchaser is not left holding the loss alone. Article 2379 gives the purchaser recourse for reimbursement, meaning the right to recover what was paid, against two possible targets: the judgment debtor, whose defective title caused the problem, and the seizing creditor, who set the sale in motion and collected the proceeds.
The order matters. The purchaser must pursue the judgment debtor first. Only if that judgment against the debtor goes unsatisfied can the purchaser then pursue the seizing creditor. Even then, the purchaser's recovery from the seizing creditor is capped at the value the seizing creditor received from the sheriff's sale, since the creditor should not have to pay back more than it collected.
Frequently Asked Questions
What does "eviction" mean in the context of a Louisiana sheriff's sale?
It means a third party successfully proves a superior ownership claim to the property and takes it away from the purchaser after the sale. It has nothing to do with a landlord removing a tenant.
Who can a purchaser sue if evicted from property bought at a sheriff's sale?
Article 2379 allows recourse first against the judgment debtor and, if that judgment remains unsatisfied, then against the seizing creditor.
Is there a limit on what the purchaser can recover from the seizing creditor?
Yes. The purchaser's recovery against the seizing creditor is limited to the value the seizing creditor received from the sheriff's sale of the property.
Why might a purchaser at a sheriff's sale later be evicted?
Because Article 2371 only transfers whatever rights the judgment debtor held. If the debtor's title turns out to have been defective or incomplete, a party with a superior claim can later assert it against the purchaser.
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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