In all cases governed by Article 2674, all demands, notices, and other documents required to be served upon the defendant in an executory proceeding shall be served upon the attorney at law appointed by the court to represent him, against whom the seizure and sale shall be prosecuted contradictorily.
Art. 2641.Service Upon, and Seizure and Sale Prosecuted Against, Attorney For Unrepresented Defendant
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 2641 requires that, in the circumstances Article 2674 covers, every demand, notice, and document otherwise required to be served on the defendant in an executory proceeding instead be served on the court-appointed attorney representing that unrepresented defendant, against whom the seizure and sale proceeds contradictorily.
Full Text of Art. 2641
Plain-English Summary
Article 2674, addressed later in this chapter, requires a court to appoint an attorney to represent a defendant in an executory proceeding who cannot represent themselves — an absentee, a dead debtor whose succession has not yet been administered, a minor without a legal representative, and similar situations. Article 2641 explains how service works once that appointment happens.
Every demand, notice, and other document that would ordinarily go to the defendant instead goes to the court-appointed attorney. That attorney stands in the defendant's place for purposes of the proceeding, and the seizure and sale moves forward contradictorily against the attorney — meaning the attorney has standing to appear, object, and otherwise represent the absent defendant's interests as the case proceeds.
This arrangement lets executory process go forward even when the actual defendant cannot be reached or does not exist in a form capable of receiving documents, while still giving someone an opportunity to test the creditor's claim on the defendant's behalf. Without it, a proceeding against an absentee or an unadministered succession could stall indefinitely for want of anyone to serve.
Frequently Asked Questions
Who gets served with notices when the defendant in an executory proceeding is unrepresented?
The attorney the court appoints under Article 2674. Article 2641 directs that all demands, notices, and documents otherwise served on the defendant instead go to that attorney.
What does it mean for the seizure and sale to be prosecuted 'contradictorily' against the attorney?
It means the appointed attorney has standing to appear and contest the proceeding on the defendant's behalf, so the case moves forward with someone able to respond even though the actual defendant cannot be reached.
When does Article 2641 apply?
In the circumstances Article 2674 describes, such as when the defendant is an absentee, a deceased debtor with no succession representative yet appointed, or a minor with no legal representative.
Why does Louisiana appoint an attorney instead of just proceeding without any defendant representation?
Because executory process still needs to give someone the chance to raise defenses or objections on the defendant's behalf, even where the actual defendant cannot be personally reached or does not yet have a legal representative.
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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