LA · rules
La. Code Civ. Proc. art. 2752
Injunction procedure
A. The petition for injunction shall be filed in the court where the executory proceeding is pending, either in the executory proceeding or in a separate suit. The injunction proceeding to arrest a seizure and sale shall be governed by the provisions of Articles 3601 through 3609 and 3612, except as provided in Article 2753. However, a temporary restraining order shall not issue to arrest the seizure and sale of immovable property, but the defendant may apply for a preliminary injunction in accordance with Article 3602. In the event the defendant does apply for a preliminary injunction the hearing for such shall be held before the sale of the property.
B. If the court finds that the temporary restraining order or preliminary injunction was wrongfully issued, the court, unless the proceedings are stayed, in addition to the damages authorized under Article 3608, may allow the sheriff to proceed with the sale by virtue of the prior advertisement, if not expired.
History
Acts 1987, No. 139, §1; Acts 1988, No. 812, §1.
Provenance
- Source
- legis.la.gov
- Retrieved
- 2026-09-15
- Edition
- 2026-09-15
- Content hash
97245b8bd97f80af5d7cadcb8492ba6296d96c2d384a359ee0deb1e6b6437500
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