- Who sends it
- The court, at the buyer's request, served on you after the 5-day notice to vacate ran out
- What it starts
- A hearing no earlier than the third day after service; after a judgment, 24 hours to leave or to appeal
- Do this first
- Find the hearing date on the papers, call legal aid today and plan to attend
What this document is in Louisiana
La. C.C.P. art. 4731 says that if an occupant does not comply with the notice to vacate, the owner may have the occupant cited summarily by a court to show cause why the occupant should not be ordered to deliver possession. The rule must state the grounds for eviction. After a sheriff's sale, you are an occupant because the law counts a former owner as one (La. C.C.P. art. 4704).
It usually follows the notice to vacate.
What it does and does not mean
- It is a court hearing. You can appear and the court must hear any defense you raise (La. C.C.P. art. 4732(A)).
- If you do not answer or appear, the court will sign a judgment of eviction right away (La. C.C.P. art. 4732(B)).
- A judgment of eviction stays in effect for at least 90 days.
- The buyer may also skip this route and ask the clerk for a writ of possession for the sheriff to enforce (La. R.S. 13:4346).
The deadlines and how to count them
- Hearing: the court makes the rule returnable not earlier than the third day after service (La. C.C.P. art. 4732(A)). The date is on your papers. Legal holidays are not counted in periods of less than 7 days (La. C.C.P. art. 5059).
- After a judgment: if you do not leave within 24 hours, the court issues a warrant to the sheriff, constable or marshal to deliver possession to the owner (La. C.C.P. art. 4733).
- Appeal: an appeal does not stop the eviction unless you answered the rule under oath with an affirmative defense that lets you keep possession, and you apply for the appeal and file the bond within 24 hours after the judgment (La. C.C.P. art. 4735). That means the answer must be prepared before the hearing.
What to do this week
- Call free legal aid today through the Louisiana State Bar Association Find Legal Help directory. Bring the rule, the notice to vacate and your foreclosure papers.
- Go to the hearing. Not appearing leads to an immediate judgment.
- If you plan to move, pack now and try to agree on a move-out date with the buyer in writing.
- Ask the clerk for the sheriff's return to check for surplus money owed to you. See Louisiana foreclosure surplus funds and after a foreclosure sale in Louisiana.
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 soon is the hearing on a Louisiana eviction rule?
No earlier than the third day after you are served (La. C.C.P. art. 4732). The exact date is on the papers. Go to the hearing, because if you do not appear the court signs a judgment of eviction immediately.
How long do I have to leave after a Louisiana judgment of eviction?
24 hours. If you have not complied within 24 hours after the judgment, the court issues a warrant to the sheriff, constable or marshal to deliver possession to the owner (La. C.C.P. art. 4733).
Can I appeal a Louisiana eviction after a sheriff's sale?
Yes, but the appeal stops the eviction only if you answered the rule under oath with an affirmative defense that entitles you to stay, and you apply for the appeal and post the bond within 24 hours after the judgment (La. C.C.P. art. 4735). Get legal help before the hearing.
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.
- Citation and petition (deficiency or ordinary foreclosure suit)Most Louisiana foreclosures skip the citation step. You get one only when the lender sues in an ordinary proceeding, either to foreclose or, after a sheriff's sale, to collect a shortfall. A citation gives you 21 days after service to file an answer.
- 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. 4731, Rule to show cause
- La. C.C.P. art. 4732, Trial of rule; judgment of eviction
- La. C.C.P. art. 4733, Warrant for possession
- La. C.C.P. art. 4735, Appeal; bond
- La. C.C.P. art. 4704, Definitions (occupant includes former owner)
- La. R.S. 13:4346, Writ of possession for purchaser
- La. C.C.P. art. 5059, Computation of time