§ Art. 2725 Seizure and sale of a motor vehicle out-of-state; procedure

Codes > Louisiana Code of Civil Procedure > Book I > Title II : Chapter 4 > Art. 2725

Art. 2725. Seizure and sale of a motor vehicle out-of-state; procedure

    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.

    LEGISLATIVE INTENT--ACTS 1989, NO. 137

    Acts 1989, No. 137, § 18 of which amended par. B of 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: 

    “Section 20. 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limitation the various statutes and code articles amended and reenacted under this Act, not be expressly or impliedly repealed by Chapter 9 of the Louisiana Commercial Laws, but that such laws remain in effect and be applied to preexisting secured transactions and, at times when so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.”