AMERICAN THRIFT & FIN. PLAN, INC. v. VALTEAU

No. 90-CA-0498.

576 So.2d 598 (1991)

AMERICAN THRIFT & FINANCE PLAN, INC. v. Paul R. VALTEAU, Jr., Civil Sheriff For the Parish of Orleans.

Court of Appeal of Louisiana, Fourth Circuit.

February 28, 1991.


Attorney(s) appearing for the Case

Rodney J. Madere, Metairie, for plaintiff-appellant.

Tod M. Thedy, New Orleans, for defendant-appellee.

Before GARRISON, BYRNES and WILLIAMS, JJ.


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...

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