A person seeking to enforce a mortgage or privilege on property in an executory proceeding shall file a petition therefor, praying for the seizure and sale of the property affected by the mortgage or privilege. This petition shall comply with Article 891, and the plaintiff shall submit therewith the exhibits mentioned in Article 2635.
Art. 2634.Petition
Book V. Summary and Executory Proceedings · Title II. Executory Proceedings · Chapter 1. General Dispositions · Amendment history unavailable · Last verified July 30, 2026
In one sentenceArticle 2634 requires a creditor pursuing executory process to file a petition praying for the seizure and sale of the mortgaged or pledged property, drafted to satisfy Article 891's general petition requirements, and accompanied by the authentic evidence Article 2635 lists.
Full Text of Art. 2634
Plain-English Summary
An executory proceeding starts, like most Louisiana civil actions, with a petition, but this petition has a narrow and specific request: seizure and sale of the property affected by the mortgage or privilege. Article 2634 requires the creditor to file that petition to set the proceeding in motion.
The petition still has to meet Article 891's general requirements for any petition — naming and locating the parties, stating the claim clearly and concisely, and providing addresses for service — because executory process is a distinct procedural track, not an exemption from every rule that applies to pleadings generally.
What sets an executory petition apart is the documentation that has to travel with it. Article 2634 requires the plaintiff to submit, along with the petition, the exhibits Article 2635 describes: the authentic evidence proving the debt and the mortgage or privilege securing it. Because there is no trial in an executory proceeding to test these facts later, the creditor has to establish them up front, on the papers, before the court will order a seizure.
Frequently Asked Questions
What does a petition for executory process in Louisiana have to ask for?
The seizure and sale of the property affected by the mortgage or privilege. Article 2634 requires the petition to pray for exactly that relief.
Does an executory process petition have to follow the same rules as an ordinary petition?
Yes, in part. Article 2634 requires the petition to comply with Article 891's general requirements, on top of the exhibits specific to executory process.
What has to be filed along with the petition in an executory proceeding?
The authentic evidence listed in Article 2635, proving the underlying obligation and the mortgage or privilege securing it, since there is no trial afterward to establish those facts.
Why does an executory petition need supporting documents attached instead of just allegations?
Because executory process skips the trial that would otherwise test the creditor's claims. Submitting authentic evidence with the petition lets the court verify the debt and the mortgage upfront.
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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