Terms Used In Louisiana Code of Civil Procedure 2751

  • Arrest: Taking physical custody of a person by lawful authority.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.

The defendant in the executory proceeding may arrest the seizure and sale of the property by injunction when the debt secured by the security interest, mortgage, or privilege is extinguished, or is legally unenforceable, or if the procedure required by law for an executory proceeding has not been followed.

Amended by Acts 1981, No. 302, §1; Acts 1989, No. 137, §18, eff. Sept.  1, 1989.