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Art. 2722.Advertisement of Sale

Book V. Summary and Executory Proceedings · Title II. Executory Proceedings · Chapter 4. Execution of Writ of Seizure and Sale · Amendment history unavailable · Last verified July 30, 2026

In one sentenceArticle 2722 requires the sheriff to advertise the sale of seized property after seizure, following the same advertisement rules the first paragraph of Article 2331 sets for a sale under a writ of fieri facias.

Full Text of Art. 2722

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After the seizure of the property, the sheriff shall proceed to advertise the sale of the property, in accordance with the provisions of the first paragraph of Article 2331.

Plain-English Summary

A seizure by itself does not put property up for sale -- the public has to know a sale is coming before it can happen. Article 2722 requires the sheriff to advertise the sale once the property has been seized, giving prospective bidders notice of what is being sold and when, so the property draws a fair price rather than being sold quietly to whoever happens to be watching.

Rather than writing a separate advertisement rule just for executory process, Article 2722 borrows the rule already written for the writ of fieri facias -- the process used to seize and sell a debtor's property to satisfy an ordinary money judgment -- by cross-referencing the first paragraph of Article 2331. That paragraph sets how the advertisement is published and how far in advance of the sale it has to run, and those same requirements now govern an executory-process sale as well.

This borrowing pattern repeats throughout the chapter. Rather than duplicating the judicial-sale machinery article by article, the Code plugs the executory-process sale into the same advertisement, appraisal, and sale-conduct rules that already apply to a fieri facias sale, with Article 2724 gathering up the rest of that cross-reference.

Frequently Asked Questions

Does the sheriff have to advertise a sheriff's sale under executory process?

Yes. Article 2722 requires advertisement of the sale after the property has been seized.

What advertisement rules apply to an executory-process sale?

The same rules that apply to a sale under a writ of fieri facias, set out in the first paragraph of Article 2331.

Why does Louisiana borrow fieri facias rules for executory process sales?

To avoid writing and maintaining two separate sets of judicial-sale rules; Article 2722 and the related articles that follow plug executory process into the existing fieri facias sale procedure instead.

What happens if the sheriff fails to properly advertise the sale?

A failure to follow the required advertisement procedure can support a defendant's effort to arrest the seizure and sale under Article 2751, which allows an injunction where the required procedure was not followed.

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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