If the plaintiff is entitled thereto, the court shall order the issuance of a writ of seizure and sale commanding the sheriff to seize and sell the property affected by the mortgage or privilege, as prayed for and according to law.
Art. 2638.Order For Issuance of Writ of Seizure and Sale
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 2638 directs the court, once satisfied the plaintiff is entitled to executory process, to order the issuance of a writ of seizure and sale commanding the sheriff to seize and sell the mortgaged or pledged property as the petition requested and as the law provides.
Full Text of Art. 2638
Plain-English Summary
Article 2638 supplies the order that turns a paper submission into an actual seizure. Once the court finds the plaintiff entitled to executory process, based on the petition and the authentic evidence submitted under Articles 2634 through 2637, it orders the issuance of a writ of seizure and sale.
That writ is directed to the sheriff, commanding the seizure and sale of the property affected by the mortgage or privilege. The sheriff, not the creditor or the court, physically carries out the seizure and later the sale, following the procedures the rest of this book and related statutes set out.
The court's review at this stage is not a trial. It is a paper review of whether the submitted evidence establishes the debt and the mortgage or privilege securing it as this chapter requires. If it does, the writ issues as prayed for and according to law; if the submission falls short, the court can decline to order it until the deficiency is fixed.
Frequently Asked Questions
What is a writ of seizure and sale in Louisiana?
A court order under Article 2638 commanding the sheriff to seize and sell the property affected by a mortgage or privilege, issued once the court finds the plaintiff entitled to executory process.
Does a judge hold a trial before ordering the writ of seizure and sale?
No. Article 2638 has the court review the petition and the accompanying authentic evidence on the papers, not through a trial, before ordering the writ.
Who carries out the seizure and sale once the writ issues?
The sheriff. Article 2638 directs the writ to the sheriff, commanding the seizure and sale of the mortgaged or pledged property.
What happens if the evidence submitted with the petition doesn't establish entitlement to executory process?
The court is not required to order the writ. Article 2638 conditions issuance on the plaintiff being entitled to it based on what the petition and its exhibits show.
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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