Book V. Summary and Executory Proceedings · Title II. Executory Proceedings · Chapter 4. Execution of Writ of Seizure and Sale · Last amended 2023 · Last verified July 30, 2026
In one sentenceArticle 2721 requires the sheriff to seize mortgaged property immediately upon receiving the writ of seizure and sale, serve the defendant written notice of the seizure with sale details and required disclosures, and shields the sheriff from liability for a wrongful seizure carried out on the secured creditor's instructions.
Full Text of Art. 2721
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A. The sheriff shall seize the property affected by the mortgage, security agreement, or privilege immediately upon receiving the writ of seizure and sale.
B. The sheriff shall serve upon the defendant a written notice of the seizure of the property. The notice of seizure shall be accomplished by personal service or domiciliary service. The notice of seizure shall reproduce in full the provisions of Article 2642 and include information concerning the time, date, and place of the sheriff's sale, in accordance with the form provided in R.S.13:3852(B). If the sheriff's sale is to be conducted through an online auction in accordance with Article 2344, the notice of seizure, or a subsequent notice served upon the defendant at least three days before the sale, shall state that the sheriff's sale will be conducted through an online auction, shall specify the date of the online auction and the time when bidding is scheduled to open, and shall identify the electronic address of the platform through which bids can be entered.
C. If the seized property is residential property, the notice of seizure shall include information concerning the availability of housing counseling services, in accordance with the form provided in R.S.13:3852(B).
D. The sheriff shall have no liability to the debtor or to any third party for wrongful or improper seizure of the debtor's or third party's property of the same general type as described in the debtor's security agreement. If necessary, the sheriff shall request the secured creditor to identify the property subject to the security agreement and shall act pursuant to the secured creditor's instructions. The debtor's and other owner's sole remedy for the wrongful or improper seizure of the property shall be for actual losses sustained under R.S. 10:9-625 against the secured creditor on whose behalf and pursuant to whose instructions the sheriff may act.
Article 2721 opens the mechanical sequence of an executory-process sale: seizure, notice, advertisement, appraisal, and finally the sale itself. Once the court issues the writ of seizure and sale -- the order authorizing the sheriff to take the mortgaged property into judicial custody -- the sheriff must act on it right away rather than waiting for a convenient moment.
The sheriff also has to give the defendant formal, written notice that the seizure happened, delivered by personal or domiciliary service. That notice cannot be a bare announcement; it must reproduce, in full, the provisions of Article 2642, and it must lay out when, where, and on what date the sheriff's sale will happen, using the form the seizure-notice statute prescribes. If the sale will run through an online auction rather than a courthouse sale, the notice -- or a later notice served at least three days before the sale -- has to say so, give the auction date and the time bidding opens, and identify the electronic address of the bidding platform.
When the seized property is a residence, Article 2721 adds one more requirement: the notice must also tell the defendant about available housing counseling services, giving a homeowner facing seizure a path to outside help before the sale occurs.
Finally, Article 2721 shields the sheriff personally. Carrying out a seizure always carries some risk of taking property that turns out not to fit what the security agreement covers, but the sheriff has no liability to the debtor or any third party for seizing property of the general type the security agreement describes. If there is doubt about what the security agreement covers, the sheriff can ask the secured creditor to identify it and can act on the creditor's instructions. The debtor's or an affected owner's only remedy for a wrongful or improper seizure runs against that secured creditor, for actual losses, not against the sheriff who executed the writ.
Frequently Asked Questions
How quickly must the sheriff seize property after the writ of seizure and sale issues?
Immediately upon receiving the writ. Article 2721 does not give the sheriff discretion to delay.
What must the notice of seizure include?
It must reproduce the provisions of Article 2642 in full, state the time, date, and place of the sheriff's sale, and, if the sale runs through an online auction, identify the auction date, the bidding opening time, and the electronic address of the bidding platform.
Does the notice have to mention housing counseling services?
Yes, if the seized property is residential. Article 2721 requires that disclosure in addition to the standard seizure and sale information.
Can I sue the sheriff for seizing the wrong property?
Generally no. The sheriff has no liability for seizing property of the general type described in the security agreement; the debtor's or owner's remedy for a wrongful seizure runs against the secured creditor for actual losses instead.
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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