Current as of January 01, 2019 | Updated by FindLaw Staff
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If several items of property have been seized, or if one item of property which is divisible into portions has been seized, and if the value of the property seized exceeds what is reasonably necessary to satisfy the judgment, including interest and costs, the judgment debtor may obtain the release of the excess items or portion by contradictory motion filed not less than ten days before the day fixed for the sale.
The judgment debtor may not obtain the release of property on which the judgment creditor has a mortgage, or a privilege other than that resulting from the seizure.
The Governor, the State Treasurer, the Auditor General, the Superintendent of Public Instruction, 1 the Secretary of Property and Supplies, 2 the President pro tempore of the Senate, the Speaker of the House of Representatives, the Minority Leader of the Senate, the Minority Leader of the House of Representatives and their respective successors in office are hereby created as a body corporate and politic, constituting a public corporation and public instrumentality by the name of the “Pennsylvania Higher Educational Facilities Authority.” The President pro tempore of the Senate and Minority Leader of the Senate and the Speaker of the House of Representatives and Minority Leader of the House of Representatives may designate any member of the Senate or House, respectively, to act in their stead to serve at the discretion of the respective President pro tempore and Speaker of the House of Representatives or Minority Leader. Said members shall be entitled to reimbursement for all necessary expenses incurred in connection with the performance of their duties as members. The President pro tempore of the Senate, the Speaker of the House of Representatives, the Minority Leader of the Senate and the Minority Leader of the House of Representatives shall continue as members of the authority until their respective successors in office assume such office, regardless of whether or not they shall have ceased to be members of the Senate or the House of Representatives. The members of the authority may authorize by written proxy or authorization a personal deputy to appear and act for them at a meeting and for the purposes specified in such written proxy or authorization, provided that a separate written authorization or proxy shall be required for each separate meeting.
Cite this article: FindLaw.com - Louisiana Code of Civil Procedure Tit. II, Art. 2296. Reduction of excessive seizure - last updated January 01, 2019 | https://codes.findlaw.com/la/code-of-civil-procedure/la-code-civ-proc-tit-ii-art-2296/
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