Seizure of Property

When a money judgment is not paid voluntarily, the judgment creditor may seek to satisfy the debt by seizing and selling the debtor’s property. In Justice of the Peace Court, this process is limited to movable property (vehicles, equipment, personal items) and is governed by strict procedural rules.

View Writ of Fieri Facias (FiFa) +

Writ of Fieri Facias

The writ of fieri facias (often called “fi fa”) is the legal order that authorizes the constable to seize property.

Requesting the Writ

After the appeal delay has expired (15 days from judgment or notice), the judgment creditor may request the writ from the court. The request must specify:

CCP 5002

• The judgment amount remaining unpaid
• Accrued interest
• Court costs and fees

Scope of the Writ

The writ directs the constable to:

1. Seize non-exempt movable property belonging to the debtor
2. Inventory the seized items
3. Sell the property at public auction to satisfy the judgment

RS 13:3881

Limitation: Justice of the Peace Courts cannot issue writs to seize immovable property (land, houses, or other real estate). Seizure of immovables requires transfer to District Court.

CCP 2291

The Seizure Process

Once the writ is issued, the constable executes the seizure following these steps:

1. Notice of Seizure

The constable serves written notice of seizure on:

• The judgment debtor
• Any person occupying the premises where the property is located

2. Inventory

The constable creates a detailed inventory of all property seized. This inventory protects both the debtor (ensuring all items are accounted for) and the creditor (preventing substitution or loss).

3. Securing the Property

The seized property must be safeguarded until it is sold or released. The constable may:

• Remove the property to a secure storage facility
• Appoint a keeper to hold the property (see below)

CCP 2292

Appointing a Keeper

A “keeper” is a person appointed by the constable to maintain custody of seized property. The constable has authority to appoint a keeper without prior court approval.

Responsibilities

The keeper is responsible for:

• Protecting the property from damage or theft
• Making the property available for appraisal or inspection
• Delivering the property for the judicial sale

Costs

Keeper fees are considered costs of the execution and are added to the amount the debtor must pay. The judgment creditor often advances these costs initially. Keeper compensation is limited to $60 per eight-hour shift.

View Keeper Appointment Details →

CCP 326RS 13:5807(A)(12)

Exempt Property

Louisiana law protects certain essential property from seizure to ensure debtors are not left destitute. The Justice of the Peace must ensure that exempt property is not seized.

Common Exemptions

• Tools of the Trade: Instruments, tools, and equipment necessary for the debtor’s trade, calling, or profession.
• Household Goods: Essential clothing, bedding, linen, chinaware, non-sterling silverware, glassware, living room, bedroom, and dining room furniture, cooking stove, heating and cooling equipment, kitchen utensils, pressing irons, washers, dryers, refrigerators, and deep freezers used by the debtor or their family.
• Vehicles: One motor vehicle up to a certain value (currently $7,500 in equity) used by the debtor or their family.
• Personal Items: Family portraits, arms and military accoutrements, musical instruments, poultry, fowl, and one cow kept for family use.
• Income: A portion of wages (see Garnishment for wage exemption details).

RS 13:3881

Judicial Sale

If the judgment is not satisfied and the property is not released, the constable proceeds to sell the seized items.

Requirements

• Advertisement: The sale must be advertised to the public as required by law.
• Appraisal: Property may need to be appraised before sale to ensure it is not sold for a grossly inadequate price.
• Public Auction: The sale is conducted openly, with property going to the highest bidder.

Distribution of Proceeds

Money from the sale is applied in the following order:

1. Costs: Court costs, constable fees, and keeper fees.
2. Judgment: The principal, interest, and attorney fees owed to the creditor.
3. Surplus: Any remaining funds are returned to the judgment debtor.

If the sale proceeds are insufficient to pay the full judgment, the creditor may pursue other assets or garnishment for the balance.

CCP 2293

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For information on seizing wages or bank accounts, see Garnishment. For the initial judgment process, see Judgments.