- Who sends it
- The district court, served by the sheriff, after the lender files an ordinary suit or converts its executory case
- What it starts
- 21 days after service to file an answer, or 30 days if discovery requests came with the petition
- Do this first
- Count 21 days from service and call legal aid or a lawyer this week
What this document is in Louisiana
A Louisiana mortgage can be enforced by ordinary or executory proceedings (La. C.C.P. art. 3721). In an ordinary proceeding, you are served with a citation and a petition and you get time to answer, like any other lawsuit.
This happens in two main cases. The lender may foreclose by ordinary process from the start. Or, after a sheriff's sale that did not cover the debt, the lender may seek a deficiency judgment, which it can do only by converting the executory case into an ordinary one or by a separate suit. Either way, you must be cited and all the delays and formalities of ordinary proceedings must be followed (La. C.C.P. arts. 2644, 2772).
What it does and does not mean
- It is a lawsuit, not a judgment. You have the right to answer.
- After executory process, a deficiency is possible only if the home was sold after appraisal (La. C.C.P. art. 2771). If the lender used a waiver of appraisal, the rest of the debt stands fully satisfied as your personal obligation (La. R.S. 13:4106).
- A claim that the lender's attorney's fees are unreasonable can be raised in a deficiency case (La. C.C.P. art. 2753(C)).
- If you gave the home back by a written agreement, a deficiency is allowed only if that agreement met La. R.S. 13:4108.2, including the value you agreed to and a statement of your right to an appraisal. See deficiency judgments in Louisiana.
Your deadline and how to count it
- 21 days after service of the citation to file an answer. If the lender served discovery requests with the petition, you have 30 days (La. C.C.P. art. 1001(A)).
- Do not count the day you were served. Weekends and holidays inside the period count, but if the last day is a legal holiday, the deadline moves to the end of the next day that is not one (La. C.C.P. art. 5059).
- The court may grant more time to answer (La. C.C.P. art. 1001(C)). Ask in writing before the deadline, ideally with a lawyer's help.
What to do this week
- Mark your answer date on a calendar.
- Check the order for seizure and sale or the sheriff's return to see whether your home was sold with or without appraisal. That may decide the case.
- Call free legal aid through the Louisiana State Bar Association Find Legal Help directory. If you do not qualify, the bar's Lawyer Referral and Information page lists referral services.
- Gather your mortgage, note, the notice of seizure, any appraisal notice and any deed in lieu or short sale papers.
- Do not ignore it. If you do not answer, the lender can move toward a judgment without hearing from you.
The rest of the Louisiana process
See how foreclosure works in Louisiana, the timeline, ways to stop it and free help in Louisiana, or read the national guide to this letter.
Common questions
How long do I have to answer a Louisiana citation?
21 days after service of the citation, or 30 days if discovery requests were served with the petition (La. C.C.P. art. 1001). If the last day is a legal holiday, you have until the end of the next day that is not (La. C.C.P. art. 5059).
Can a Louisiana lender sue me for a deficiency if my home was sold without appraisal?
Generally no. When a lender uses a waiver of appraisal and the sale does not cover the debt, the debt stands fully satisfied as your personal obligation (La. R.S. 13:4106). A deficiency after executory process requires a sale after appraisal (La. C.C.P. art. 2771).
Why did I get a citation when my neighbor's Louisiana foreclosure had none?
Most lenders use executory process, which needs no citation (La. C.C.P. art. 2640). A lender that forecloses by ordinary process, or that wants a deficiency, must cite you and follow the usual lawsuit rules (La. C.C.P. arts. 3721, 2772).
Other Louisiana letters
- Notice of seizureIn most Louisiana foreclosures, the sheriff's notice of seizure is the first official paper you get. A judge has already signed an order to seize and sell your home without a trial. The notice gives the sheriff's sale date, starts a 15-day window to appeal, and tells you about free housing counseling.
- Notice to name an appraiser before a sheriff's saleIf your home is being sold with appraisal, the sheriff must serve you a notice at least 7 days before the sale asking you to name your own appraiser. The appraisal sets the lowest price the home can sell for at the first offering, and it decides whether the lender can later sue you for a shortfall.
- Notice to vacate (to an occupant after a sheriff's sale)After a sheriff's sale, Louisiana law treats you as an occupant, not an owner. The buyer must deliver a written notice to vacate that gives you 5 days to leave. It is not a court order. If you stay, the buyer must go to court, or ask the clerk for a writ of possession.
- Rule to show cause why possession should not be delivered (eviction)If you stayed after the 5-day notice to vacate, the buyer can have you cited to a quick court hearing called a rule to show cause. The hearing can be held as soon as the third day after you are served. If the judge rules for the buyer, you have 24 hours to leave before a warrant issues.
- Post-tax-lien-auction noticeSince January 1, 2026, Louisiana parishes auction a tax lien certificate on unpaid property taxes instead of selling your home. This notice says the certificate holder plans to sue. You keep your home for now and can end the lien by paying the termination price to the tax collector.
Sources
- La. C.C.P. art. 1001, Delay for answering
- La. C.C.P. art. 2772, Procedure to obtain deficiency judgment
- La. C.C.P. art. 2771, When deficiency judgment obtainable
- La. C.C.P. art. 2644, Conversion to ordinary proceeding
- La. C.C.P. art. 3721, Methods of enforcing mortgage
- La. R.S. 13:4106, No deficiency after sale without appraisement
- La. R.S. 13:4108.2, Deficiency in consumer transactions
- La. C.C.P. art. 2753, Security not required in certain cases
- La. C.C.P. art. 5059, Computation of time
- Louisiana State Bar Association: Lawyer Referral and Information