§ 737.Priority Among Executions
Chapter 13: Limitation of Actions · Not amended since adoption on record · Last verified August 3, 2026
Full Text of § 737
Amendment History
R.L. 1910, § 5155.
Plain-English Summary
When more than one creditor chases the same debtor, Section 737 decides who gets paid first. Writs issued during the same court term as the judgment, or within ten days after, and writs delivered to the officer on the same day, all rank equally: if the officer can't raise enough money to cover them all, the proceeds split among the creditors in proportion to what each is owed.
Outside those same-day and same-term situations, priority runs by delivery: whichever writ reaches the officer first gets satisfied first, which is why the section requires the officer to endorse the time of receipt on every writ. None of this disturbs a preferable lien that a judgment already holds on the debtor's land.
Frequently Asked Questions
What happens when two creditors get executions against the same debtor around the same time?
If the writs were issued during the same court term, within ten days of each other, or delivered to the officer the same day, none gets preference; the proceeds split pro rata if there isn't enough to pay all of them.
What's the ten-day rule about?
Writs sued out within ten days of the term in which the judgment was rendered rank equally with each other; delivery order doesn't decide priority among them.
Does the officer have to record when a writ arrives?
Yes. Section 737 requires the officer to endorse the time of receipt on every writ, since delivery order decides priority outside the same-term and same-day situations.
Can this priority scheme override a lien a judgment already has on the debtor's land?
No. The section says nothing in it affects a preferable lien that one of the judgments already holds on the debtor's land.