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Louisiana Revised Statutes — Title 47 (Revenue and Taxation)

La. R.S. 47:1573

Sale of distrained property

Official textlegis.la.gov

# A.

After notifying all reasonably ascertainable interested third parties the secretary or his authorized assistants shall sell at public auction for cash to the highest bidder so much of the property distrained by him as may be sufficient to satisfy the tax, penalties, interest, and costs due. The property shall not be sold if the price to the highest bidder is less than two-thirds of the appraised value. In that case, the secretary shall readvertise the sale of the property in the same manner as the original sale, and the same delays must elapse. At the second offering, the property shall be sold for cash at whatever price it will bring. He shall give to the purchaser a certificate of sale which will be prima facie evidence of the right of the secretary to make the sale, and conclusive evidence of the regularity of his proceedings in making the sale, and which will transfer to the purchaser merchantable title in and to the property sold.

# B.

The purchaser shall be liable for nothing beyond the purchase price. He shall pay the full purchase price to the Department of Revenue despite the existence of any mortgage, lien, or privilege on the property inferior in rank to that of the Department of Revenue.

# C.

The Department of Revenue shall give the purchaser a release from the security interest, mortgage, lien, or privilege of the Department of Revenue and from all inferior security interests, mortgages, liens, and privileges, and shall direct the recorder of mortgages or proper filing officer to cancel their inscriptions insofar as they affect the property sold, and no further. All writings affecting the property which were recorded prior to distraint of the property shall not be affected by the sale of the property by the secretary pursuant to this Subtitle.

# D.

The Department of Revenue shall pay the inferior security interests, mortgages, liens, and privileges, after payment of the costs and the amount due the Department of Revenue. When the sum remaining after payment of the cost and the amount due the Department of Revenue is insufficient to pay such inferior claims in full, the Department of Revenue shall deposit the remainder with the court and proceed by contradictory motion against the inferior creditors to have their claims referred to in the proceeds of the sale.

Last amended: Acts 1992, No. 954, §1, eff. July 9, 1992; Acts 1997, No. 658, §2.

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In this chapter (35 sections)
  1. 47:1561 · Alternative remedies for the collection of taxes
  2. 47:1561.1 · Special authority to enforce collection of taxes collected…
  3. 47:1561.2 · Special authority to recover rebates and refundable tax…
  4. 47:1561.3 · Special authority to recover nonrefundable tax credits
  5. 47:1562 · Determination and notice of tax due
  6. 47:1563 · Protest to collector's determination of tax due
  7. 47:1564 · Assessment of tax, interest, and penalties
  8. 47:1565 · Notice of assessment and right to appeal
  9. 47:1565.1 · Waiver of restrictions and delays
  10. 47:1566 · Assessment and notice when tax is in jeopardy
  11. 47:1567 · Assessment and claims in bankruptcy and receivership
  12. 47:1568 · Assessment of tax shown on face of taxpayer's returns
  13. 47:1569 · Collection by distraint and sale authorized
  14. 47:1570 · Distraint defined
  15. 47:1571 · Distraint procedure
  16. 47:1572 · Surrender of property subject to distraint
  17. 47:1573 · Sale of distrained property
  18. 47:1574 · Collection by summary court proceeding authorized
  19. 47:1574.1 · Failure to pay tax collected from others; rule to cease…
  20. 47:1574.2 · Suit to enjoin certain preparers; cease and desist order
  21. 47:1574.3 · Business reorganization to evade taxation; refusal to…
  22. 47:1575 · Injunctions prohibited
  23. 47:1576 · Remittance of tax under protest; suits to recover
  24. 47:1576.1 · Settlement offers
  25. 47:1576.2 · Installment agreements; fees
  26. 47:1576.3 · Fresh Start Proper Worker Classification Initiative
  27. 47:1576.4 · Safe harbor
  28. 47:1577 · Tax obligation to constitute a lien, privilege and mortgage
  29. 47:1578 · Cancellation of lien, privilege, and mortgage; compromises
  30. 47:1579 · Prescription of taxes, interest, and penalties
  31. 47:1580 · Suspension and interruption of prescription
  32. 47:1581 · Prescription of assessments as judgments
  33. 47:1582 · Failure to remit tax collected on behalf of the state; rule…
  34. 47:1583 · Federal tax refund offset fees
  35. 47:1584 · Innocent spouse rule
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