Art. 2633.Venue
Book V. Summary and Executory Proceedings · Title II. Executory Proceedings · Chapter 1. General Dispositions · Enacted 1989 · no amendments on record · Last verified July 30, 2026
Full Text of Art. 2633
Amendment History
Acts 1989, No. 117, §1.
Plain-English Summary
Venue tells a litigant which parish's court can hear the case. Article 2633 gives a creditor pursuing executory process two options, and only two: the parish where the property affected by the mortgage or privilege is located, or the parish that Article 42's general venue provisions designate for the defendant.
Property-based venue makes practical sense for executory process. The proceeding ends in a sheriff physically seizing and selling property, so allowing suit where that property sits keeps the seizure and the litigation over it in the same parish, close to whatever local records, appraisers, or purchasers the sale might involve.
The reference to Article 42 supplies the alternative: the ordinary venue rules that would apply to the defendant generally, such as the parish of the defendant's domicile. Article 2633 limits the choice to these two, using the word "only," so a creditor cannot pick some other parish convenient to the litigation but disconnected from either the property or the defendant.
Frequently Asked Questions
Where can a creditor file an executory proceeding in Louisiana?
In the parish where the mortgaged or pledged property is located, or in the parish Article 42's general venue rules designate. Article 2633 permits only these two options.
Can an executory proceeding be filed anywhere the creditor chooses?
No. Article 2633 restricts venue to the parish where the property sits or the parish set by Article 42, using the word 'only' to close off any other choice.
Why does Louisiana allow venue in the parish where the property is located?
Because executory process ends in a sheriff seizing and selling that property, so litigating where the property sits keeps the case close to the seizure and sale itself.
Does the defendant's domicile matter for venue in an executory proceeding?
It can. Article 2633's reference to Article 42 brings in the general venue rules that look to the defendant's domicile, as an alternative to the property's location.