3.3 Executive Process

If the lawsuit is via executiva, check the date that the order of seizure and sale was signed and the date the client was served with the notice of seizure. Confirm that the client was legally served; anything less than personal service should be scrutinized. Domiciliary service is frequently flawed.

If the order has been signed, determine whether the time for appeal has run. Devolutive appeal is not allowed. The suspensive appeal deadline is only 15 days after service of the La. C.C.P. art. 2721 notice of seizure.1

Determine the earliest date that the sale may be scheduled. This date must be at least 60 days from signing of order of seizure.2

Determine whether there is enough time to apply for a preliminary injunction to arrest the seizure and sale3  and have it served and heard. A temporary restraining order (TRO) is not available if immovable property is involved.4  Service of notice of hearing on the preliminary injunction is required. Remember that service notice of an application for a preliminary injunction on the foreclosing creditor might take days or weeks. A hearing on the preliminary injunction must, of course, be held prior to the sale. The hearing on the application must be held no earlier than two days after service and not later than 10 days after service of the notice of hearing.5

• 1See La. C.C.P. art. 2642(B).
• 2La. R.S. 13:3852(A).
• 3See La. C.C.P. art. 2751, et seq.
• 4La. C.C.P. art. 2752.
• 5La. C.C.P. art. 3602, et seq.