Art. 2381.Action By Seizing Creditor Who Has Been Compelled to Reimburse Purchaser

Book IV. Execution of Judgments · Title II. Money Judgments · Chapter 3. The Adjudication and Its Effect · Amendment history unavailable · Last verified July 30, 2026

In one sentenceArticle 2381 lets a seizing creditor who has had to reimburse an evicted purchaser under Article 2379 recover that same amount back from his own judgment debtor.

Full Text of Art. 2381

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The seizing creditor may recover from his judgment debtor whatever he has had to pay to the purchaser who has been evicted.

Plain-English Summary

Articles 2379 and 2380 can leave a seizing creditor on the hook, paying an evicted purchaser out of pocket after already having collected on the judgment through the sheriff's sale. Article 2381 closes the loop by giving the seizing creditor a path to recover that payment.

The seizing creditor can recover from the judgment debtor whatever amount he was compelled to pay the evicted purchaser. This keeps the ultimate loss where it belongs: with the debtor whose defective ownership caused the eviction in the first place, rather than with the creditor who was only trying to collect a valid debt through the ordinary seizure and sale process.

Read together, Articles 2379 through 2381 form a chain of responsibility. The purchaser looks first to the debtor and only then to the seizing creditor; and if the seizing creditor ends up paying, Article 2381 lets him pass that cost back to the debtor, so the debtor cannot escape the consequences of the title problem merely because the creditor stood between the debtor and the purchaser in the chain of events.

Frequently Asked Questions

Can a seizing creditor recover money paid to an evicted purchaser?

Yes. Article 2381 lets the seizing creditor recover from his judgment debtor whatever amount he was compelled to pay the purchaser under Article 2379.

Why should the judgment debtor bear this cost rather than the seizing creditor?

Because the eviction traces back to a defect in the debtor's own ownership of the property. Article 2381 keeps that loss with the debtor rather than leaving it with the creditor who collected a valid debt through the sale.

How do Articles 2379 through 2381 fit together?

Article 2379 gives the evicted purchaser recourse against the debtor first and the seizing creditor second; Article 2380 can cut off that recourse if notice was not given; and Article 2381 lets the seizing creditor, if he ends up paying, recover from the debtor in turn.

Is there a limit on what the seizing creditor can recover from the debtor under Article 2381?

Article 2381 allows recovery of whatever the seizing creditor was compelled to pay the evicted purchaser, tying the debtor's exposure to the amount the creditor had to pay out.

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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