Legal Definitions - executory process

An executory process is a specialized, accelerated legal procedure, primarily used in civil law jurisdictions (such as Louisiana), that allows a creditor to quickly enforce a debt by seizing and selling a debtor's property. This fast-track method is typically available under specific circumstances, bypassing the need for a full, lengthy trial.

It can be utilized in two main situations:

• When a creditor's right to collect stems from a document (like a mortgage or promissory note) that includes a "confession of judgment" clause. This clause means the debtor has pre-agreed that if they default on the debt, the creditor can obtain a judgment and enforce it without a full court hearing. The document must also grant the creditor a security interest (like a mortgage or privilege) over specific property.
• When a creditor needs to enforce a judgment that was previously issued by a court in a different jurisdiction.

This process is considered "summary" and can often proceed "ex parte," meaning it is quicker than standard litigation and may be initiated by the creditor without the debtor having a full opportunity to present their defense before the property is seized and sold.

Here are some examples to illustrate how an executory process might be used:

• Mortgage Foreclosure: Imagine a homeowner in Louisiana takes out a mortgage loan from a bank. The mortgage contract includes a clause where the homeowner acknowledges the debt and agrees that if they fail to make payments, the bank can pursue an expedited process to seize and sell the home to recover the outstanding loan balance. If the homeowner defaults, the bank can initiate an executory process to quickly foreclose on the property, avoiding the longer, more complex procedures of a standard lawsuit. This illustrates the first condition, where the creditor's right arises from an act (the mortgage) importing a confession of judgment and containing a mortgage in the creditor's favor.
• Vehicle Repossession: A person purchases a new car and finances it through a credit union. The loan agreement and the chattel mortgage (a lien on movable property like a car) they sign contain a "confession of judgment" provision. If the buyer stops making their monthly car payments, the credit union can use an executory process to swiftly seize and sell the vehicle to satisfy the outstanding debt. This is another example of the first condition, where a clear debt document with a confession of judgment and a security interest allows for an accelerated enforcement.
• Enforcing an Out-of-State Judgment: A small business in Florida sues a former client for unpaid services and wins a judgment in a Florida court. The client, however, has since moved to Louisiana and owns valuable property there. To collect on the judgment, the Florida business can file an executory process in Louisiana. This allows the Florida judgment to be recognized and enforced against the client's assets in Louisiana without having to re-litigate the entire case from scratch in the new state. This demonstrates the second condition, where a creditor demands the execution of a judgment rendered by a different tribunal.