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Fill and Sign the Executory Process Louisiana Form

Fill and Sign the Executory Process Louisiana Form

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Civil Action No. _______ _______ JUDICIAL DISTRICT COURT IN AND FOR THE PARISH OF _______ , STATE OF LOUISIANA _____________________ VS. _____________________ * * * PETITION FOR EXECUTORY PROCESS The petition of ________________ , a banking corporation organized and existing under the laws of the State of Louisiana, having as its domicile the Parish of _______ , State of Louisiana, respectfully represents: l. Defendant, ________________ , is indebted unto petitioner in the sum of ________________ AND ___ /100 ($ _______ ) DOLLARS, plus accrued interest of ________________ AND ___ /100 ($ _______ ) DOLLARS, plus late charges in the amount of ________________ AND ___ /100 ($ _______ ) DOLLARS, and with an additional sum of _______ percent ( ___ %) attorney's fees on the aggregate amount of principal and interest due and owing if the said note was placed in the hands of an attorney for collection, and all costs of these proceedings, for the following reasons: 2. The Defendant, ________________ , a resident of _______ Parish, Louisiana, on _______ ___ , 20 ___ , executed a promissory note in the full sum of ________________ and ___ /100 ($ _______ ) Dollars, bearing a simple interest at the rate of _______ percent ( ___ %) per annum and made payable in _______ monthly payments of $ _______ each, and an irregular payment estimated at ________________ and ___ /100 ($ _______ ) Dollars, the first payment being due on _______ ___ , 20 ___ , and each remaining installment due on the 1st day of each month thereafter, and one irregular payment estimated at ________________ and ___ /100 ($ _______ ) Dollars due on the 1st day of _______ , 20 ___ . Said note is attached hereto and made a part hereof and marked "P-l" for identification herewith. 3. P-l was secured by a Consumer Security Agreement dated _______ ___ , 20 ___ alleging that the Defendant was indebted unto future holder or holders in the sum of ________________ and ___ /100 ($ _______ ) Dollars, which agreement did affect and hypothecate in favor of petitioner and the future holder or holders of P-l, the following described property, to-wit: A ________________ , VIN # ________________ . The original of the Consumer Security Agreement is attached hereto and made a part hereof and marked "P-2" for identification herewith. 4. The defendant, ________________ , defaulted in her payment of the _______ ___ , 20 ___ , installment on the note described as P-l, leaving a balance of principal in the amount of ($ _______ ) Dollars, plus accrued interest of ________________ and ___ /100 ($ _______ ) Dollars, plus late charges in the amount of ________________ and ___ /100 ($ _______ ) Dollars. 5. The defendant, in all notes and collateral documents, waived presentment for payment, demand, notice of nonpayment, protest and all pleas of division and discussion, and further agreed that the payment could be extended from time to time, one or more times, without notice, binding defendant unconditionally for the payment thereof, principal and interest, attorney's fees and costs. 6. The defendant confessed judgment on the attached note and consented to the seizure and sale of the mortgaged property under executory process if the note was not paid in accordance with its terms, waived the demand for payment prior to seizure, and further waived the benefits of appraisal of the property prior to judicial sale. 7. Petitioner desires that the property be appraised prior to sale. WHEREFORE, the premises and annexed documents considered, petitioner prays for an order of executory process herein, and after due delays, a writ of seizure and sale issue herein directing the Sheriff of the Parish of _______ , State of Louisiana, to seize and sell after due advertisement, delays, requisites and formalities, the property hereinabove described, according to law, for cash, with appraisement, to pay and satisfy the claim of petitioner, ________________ , against the defendant, ________________ , in the full sum of ________________ AND ___ /100 ($ _______ ) DOLLARS, plus accrued interest of ________________ AND ___ /100 ($ _______ ) DOLLARS, plus late charges in the amount of ________________ AND ___ /100 ($ _______ ) DOLLARS, and with an additional sum of _______ percent ( ___ %) attorney's fees on the aggregate amount of principal and interest due and owing if the said note was placed in the hands of an attorney for collection, and all costs of these proceedings, and that petitioner be paid the amount of its claim by preference and priority over all other persons whomsoever. Petitioner further prays for all orders and decrees necessary in the premises. ________________ ________________ ________________ ____________ , Louisiana _______ ______________________________________ ________________ Please serve Defendant at: ________________ ____________ , LA _______ The vehicle can be located at the above address. STATE OF LOUISIANA PARISH OF _______ AFFIDAVIT OF CORRECTNESS BEFORE ME, the undersigned Notary Public, personally came and appeared ________________ , who being by me first duly sworn, deposed and said: l. He is a ________________ of ________________ , and is duly qualified to make this affidavit; and 2. He is familiar with the proceedings entitled " ________________ vs. ________________ ," and that he has read the Petition for Executory Process, and that ________________ is indebted to ________________ in the amount of ________________ AND ___ /100 ($ _______ ) DOLLARS, plus accrued interest of ________________ AND ___ /100 ($ _______ ) DOLLARS, plus late charges in the amount of ________________ AND ___ /100 ($ _______ ) DOLLARS, and with an additional sum of _______ percent ( ___ %) of attorney's fees on the aggregate amount of principal and interest due and owing if the said note was placed in the hands of an attorney for collection, and all costs of these proceedings. ______________________________ ________________ SWORN TO AND SUBSCRIBED before me this _____ day of _______ 20 ___ , at ________________ , Louisiana. _________________________ NOTARY PUBLIC Civil Action No. _______ _______ JUDICIAL DISTRICT COURT IN AND FOR THE PARISH OF _______ , STATE OF LOUISIANA _____________________ VS. _____________________ * * * O R D E R The premises and documents and affidavit therein being considered, let an order of executory process issue as prayed for, and according to law. ORDERED AND SIGNED in Chambers, at ________________ , ________________ , Louisiana, on the _____ day of _______ 20 ___ . _____________________________ DISTRICT JUDGE

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