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Art. 2725.Seizure and Sale of a Motor Vehicle Out-Of-State; Procedure

Book V. Summary and Executory Proceedings · Title II. Executory Proceedings · Chapter 4. Execution of Writ of Seizure and Sale · Last amended 2001 · Last verified July 30, 2026

In one sentenceArticle 2725 lets a secured party seize and sell a motor vehicle located outside Louisiana by following that other state's procedural law instead of Louisiana's, without losing rights such as a deficiency judgment under Louisiana law, and allows returning the vehicle to Louisiana for an unappraised sale if the mortgage permits it.

Full Text of Art. 2725

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A. When a secured party enforces his right to seizure and sale of a motor vehicle located out of this state, he may, in addition to any remedy provided under Louisiana law, proceed under the procedural laws governing seizure and sale of the state in which the property is located. An action to proceed under the laws of another state shall not affect the rights of the secured party granted under Louisiana law, including but not limited to the right to obtain a deficiency judgment upon showing compliance with the laws of the state in which the property was seized. B. When a secured party seizes a motor vehicle under the procedural laws governing seizure of the state in which the motor vehicle is located, he may, at his option, return the motor vehicle to Louisiana and sell same at public or private sale without appraisal, provided that the mortgage authorizes a sale without appraisal.

Amendment History

Added by Acts 1984, No. 126, §1. Amended by Acts 1985, No. 39, §1; Acts 1986, No. 106, §1; Acts 1989, No. 137, §18, eff. 9/1/1989; Acts 2001, No. 128, §17, eff. 7/1/2001.

Plain-English Summary

A motor vehicle is easy to move across state lines, and a debtor's vehicle is not always sitting in Louisiana when a default happens. Article 2725 addresses what a secured party can do when the collateral securing the debt is a vehicle located outside the state, since Louisiana's sheriff has no authority to seize property beyond its borders.

Rather than forcing the creditor to wait until the vehicle returns to Louisiana, Article 2725 lets the secured party proceed under the procedural law of the state where the vehicle sits, as an alternative to Louisiana's own seizure and sale procedure. Choosing that route does not cost the creditor anything under Louisiana law: the article preserves every right Louisiana law grants, including the right to pursue a deficiency judgment afterward, as long as the creditor can show the out-of-state seizure and sale complied with that state's own law.

Article 2725 also gives the secured party a second option after seizing the vehicle under the other state's procedure: bring it back to Louisiana and sell it here, at public or private sale, without appraisal. That option is not automatic -- it is available only if the mortgage itself authorizes a sale without appraisal, tracking the same appraisal-waiver logic Article 2723 sets for property seized and sold entirely within Louisiana.

Frequently Asked Questions

What happens if a vehicle securing a Louisiana loan is located in another state when the debtor defaults?

The secured party may proceed under the procedural law of the state where the vehicle is located, in addition to any remedy available under Louisiana law.

Does using another state's seizure procedure give up the creditor's rights under Louisiana law?

No. Article 2725 preserves those rights, including the right to obtain a deficiency judgment, as long as the creditor shows the seizure and sale complied with the other state's law.

Can a secured party bring the seized vehicle back to Louisiana to sell it?

Yes, at public or private sale without appraisal, but only if the mortgage authorizes a sale without appraisal.

Does seizing a vehicle in another state require appraisal under Louisiana law?

Article 2725 does not impose Louisiana's appraisal requirement on the out-of-state seizure, and even a sale conducted back in Louisiana can skip appraisal if the mortgage allows it.

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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