§ Art. 2254 Execution by sheriff; return; wrongful seizure

Codes > Louisiana Code of Civil Procedure > Book I > Title I > Art. 2254

Art. 2254. Execution by sheriff; return; wrongful seizure

    A. The sheriff shall proceed promptly to execute the writ and make a return to the clerk who issued it, stating the manner in which it was executed.

    B. Since secured collateral subject to a security interest under Chapter 9 of the Louisiana Commercial Laws (R.S. 10:9-101, et seq.) need only be reasonably described in the debtor's security agreement (R.S. 10:9-110), the sheriff shall have no liability to the debtor or to any third party for wrongful or improper seizure of the debtor's or third party's property of the same general type as described in the debtor's security agreement. If necessary, the sheriff shall request the secured creditor to identify the property subject to the security agreement and shall act pursuant to the secured creditor's instructions. The debtor's and other owner's sole remedy for the wrongful or improper seizure of the property shall be for actual losses sustained under R.S. 10:9-507(1) against the secured creditor on whose behalf and pursuant to whose instructions the sheriff may act.

    LEGISLATIVE INTENT--ACTS 1989, NO. 137

     Acts 1989, No. 137, § 18 of which amended this article, affected numerous articles of the Civil Code and the Code of Civil Procedure and sections of various Titles of the Revised Statutes. Section 20 of Act 137 provides:

     “It is the intent of the Legislature in enacting this Act to amend the preexisting Louisiana security device laws to
accompany and accommodate implementation of Chapter 9 of the Louisiana Commercial Laws (R.S. 10:9-101, et seq.) as previously enacted under Act 528 of 1988. It is further the intent of the legislature that these preexisting Louisiana laws, including without limitation the various statutes and code articles amended and reenacted under this Act, not be expressly or impliedly repealed by Chapter 9 of the Louisiana Commercial Laws, but that such laws remain in effect and be applied to preexisting secured transactions and, at times when so provided, be applied to secured transactions subject to Chapter 9 of the Louisiana Commercial Laws.”