Writ of Fieri Facias Louisiana: How to Get One and What It Does

The name sounds archaic — "fieri facias" is Latin for "cause it to be done" — but this is the most powerful enforcement tool in Louisiana civil law. A Writ of Fieri Facias (Fi. Fa.) is a court order directing the sheriff, marshal, or constable to seize and sell a judgment debtor's property to satisfy what they owe you.

When You Can Request a Writ

You can request a Writ of Fi. Fa. only after your judgment is final and executory. In a City Court Small Claims Division, that is three calendar days after the judge signs the judgment, or three calendar days after formal service when required (La. R.S. 13:5208). In a Justice of the Peace Court, it is approximately 15 days from judgment or service of notice of judgment, as applicable, once the appeal window closes (La. C.C.P. art. 4924).

If the debtor files a suspensive appeal, enforcement is frozen until the appeal is resolved. A devolutive appeal does not stop enforcement, but you take on the risk — if the judgment is reversed, you must return everything you seized.

How to Request the Writ

The process is straightforward:

1. Go to the clerk of the court that rendered your judgment.
2. File a written request for a Writ of Fieri Facias. Some courts have a standard form; others accept a short written motion.
3. Pay the clerk's fee — typically $50 to $100.
4. The clerk issues the writ, which is then delivered to the executing officer (City Marshal for City Court judgments, Ward Constable for JP Court judgments, Parish Sheriff for District Court judgments).

You must also provide the officer with written instructions identifying the debtor and the specific property you want seized. The officer is not going to investigate what the debtor owns — that is your job.

What the Writ Covers

A Writ of Fi. Fa. can reach both movable and immovable property belonging to the debtor (La. C.C.P. arts. 2291–2294). That includes bank accounts, vehicles, business equipment, inventory, and real estate. However, the officer can only seize property that is not statutorily exempt.

Louisiana exempts a long list of property from seizure, including the homestead (up to $35,000 in equity), one motor vehicle (up to $7,500 in equity), tools of the trade (up to $5,000), basic household goods, and retirement accounts (La. R.S. 13:3881). If the debtor's only assets fall within these exemptions, the writ will not produce anything.

The One-Year Clock

A Writ of Fi. Fa. expires one year from the date the clerk issues it (La. C.C.P. art. 2294). If the seizure and sale are not completed within that year, the writ lapses and you must request a new one. This clock is entirely separate from the 10-year prescription period on the underlying judgment — the judgment stays alive, but you need a fresh writ to keep enforcement active.

The Seizure and Sale Process

Once the officer receives the writ and your instructions, here is what happens:

1. Seizure: The officer physically seizes the identified property or serves the appropriate parties (for bank accounts or accounts receivable).
2. Appraisal: For physical property, the officer arranges an independent appraisal.
3. Advertisement: The sale is publicly advertised, typically in the official journal of the parish.
4. Public auction: The property is sold at a sheriff's or marshal's sale to the highest bidder.
5. Distribution: Proceeds go first to the costs of the sale, then to satisfy your judgment (including interest and enforcement costs).

Costs You Should Expect

Physical seizure involves real money upfront. Beyond the $50–$100 clerk's fee for the writ itself, the executing officer requires an advance deposit to cover towing, storage, appraisal, and advertising costs. For movable property like a vehicle, this deposit can range from $300 to $1,500 or more. All of these costs are ultimately recoverable from the debtor — they get added to the judgment balance — but you pay first.

For many small claims judgments under $5,000, the economics of physical seizure only work when the debtor has high-value non-exempt movable property. If the debtor's main asset is wages or a bank account, garnishment is usually more cost-effective.

Enforcing in Another Parish

A writ issued by one court is enforceable only within that officer's territorial jurisdiction. If the debtor's assets are in a different parish, you must file a certified copy of the judgment in the target parish's court and request a new writ there.

For the complete enforcement process — including when to use a Writ of Fi. Fa. versus garnishment or a judicial mortgage — see our Louisiana Judgment Collection Guide.

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