American Thrift & Finance Plan, Inc. v. Valteau

WILLIAMS, Judge.

The issue in this case is whether the Civil Sheriff for the Parish of Orleans may properly claim the $15,000.00 homestead exemption for a defendant whose property has been seized and sold through a writ of fiera facis, where that defendant/property owner is served at the same address as the property seized but has not claimed the exemption. On this petition for a declaratory judgment, the trial court ruled that the Sheriff shall protect the homestead exemption whenever he has reason to believe that it may be applicable to property subject to seizure. For the reasons assigned,…