The plaintiff in an executory proceeding may convert it into an ordinary proceeding by amending his petition so as to pray that the defendant be cited and for judgment against him on the obligation secured by the mortgage or privilege. The plaintiff in an ordinary proceeding may not convert it into an executory proceeding.
Art. 2644.Conversion to Ordinary Proceeding
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 2644 lets a plaintiff in an executory proceeding convert it into an ordinary proceeding by amending the petition to pray that the defendant be cited and that judgment be rendered on the underlying obligation, but does not allow the reverse conversion from an ordinary proceeding into an executory one.
Full Text of Art. 2644
Plain-English Summary
A creditor who starts down the executory-process track is not locked into it. Article 2644 lets the plaintiff convert the case into an ordinary proceeding by amending the petition to add what executory process omitted at the outset: a prayer that the defendant be cited and a prayer for judgment on the obligation secured by the mortgage or privilege.
A creditor might choose that route for any number of reasons — a defect in the authentic evidence, a dispute the creditor would rather resolve through a full trial, or a wish to pursue a personal judgment against the debtor beyond just the mortgaged property. Conversion turns the case into a standard lawsuit, with citation, an answer, and the rest of the ordinary-proceeding machinery this site covers in Book II.
The traffic runs one direction only. Article 2644 closes with a direct statement that a plaintiff in an ordinary proceeding may not convert it into an executory proceeding. Executory process depends on the authentic evidence and the confession of judgment submitted at the outset of the case; a plaintiff cannot begin an ordinary lawsuit and later decide, partway through, to claim the shortcut executory process offers.
Frequently Asked Questions
Can a creditor switch from executory process to an ordinary lawsuit in Louisiana?
Yes. Article 2644 lets the plaintiff convert an executory proceeding into an ordinary proceeding by amending the petition to pray for citation of the defendant and judgment on the underlying obligation.
Can a plaintiff switch from an ordinary lawsuit into executory process instead?
No. Article 2644 expressly bars converting an ordinary proceeding into an executory proceeding; conversion runs only from executory to ordinary.
Why would a creditor convert an executory proceeding into an ordinary one?
Common reasons include a gap in the authentic evidence needed for executory process or a wish to pursue a personal judgment against the debtor through a full trial rather than relying on the property alone.
What has to change in the petition to convert to an ordinary proceeding?
The plaintiff amends it to add a prayer that the defendant be cited and a prayer for judgment against him on the obligation secured by the mortgage or privilege.
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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