JPMORGAN CHASE BANK N.A.

,) IN THE DISTRICT COURT OF LOUISIANA

)
)
Plaintiff, ) NATCHITOCHES PARISH
)
v. )
) 10TH JUDICIAL DISTRICT
CHRISTOPHER J JAMES, )
Defendant, ) NO.
)

PRELIMINARY INJUNCTION TO ARREST A SEIZURE AND SALE

NOW INTO COURT, comes Defendant Christopher J. James and respectfully

moves this Court to issue a preliminary injunction to arrest seizure and sale of his

property commonly known as 183 Talley Street, Campti, LA 71411(which sale has been

set for May 11, 2016) pursuant to LA Code Civ Proc 2751 (2015) which states:

“The defendant in the executory proceeding may arrest the seizure and sale of
the property by injunction when the debt secured by the security interest,
mortgage, or privilege is extinguished, or is legally unenforceable, or if the
procedure required by law for an executory proceeding has not been followed”

Defendant further alleges security for the issuance of this preliminary injunction to arrest

seizure and sale is not required pursuant to LA Code Civ Proc 2753(A)(5) (2015) which states:

“The original debtor, his surviving spouse in community, heirs, legatees, and
legal representative are not required to furnish security for the issuance of a
temporary restraining order or preliminary injunction to arrest a seizure and sale,
when the injunctive relief is applied for solely on one or more of the following
grounds: The order directing the issuance of the writ of seizure and sale was
rendered without sufficient authentic evidence having been submitted to the court
or the evidence submitted was not actually authentic”

It is well settled in Louisiana jurisprudence that ". . . [a] strict compliance with the letter

of the law" is required as to all aspects of executory process. Myrtle Grove Packing Co. v.

Mones, 226 La. 287, 76 So. 2d 305, 306 (1954); Catalanotto v. Associates Discount, 207 So. 2d

180, 182 (La.App., 1968), writ ref., 252 La. 105, 209 So. 2d 38, cert. den'd 393 U.S. 989, 89 S.

Ct. 472, 21 L. Ed. 2d 452 (1968); Tapp v. Guaranty Finance Co., 158 So. 2d 228, 230-231

(La.App., 1963), writ ref., 245 La. 640, 160 So. 2d 228 (1963). It is held that any deviation from

the required forms or procedure will result in the conversion of the proceeding from executory to

ordinary process.
 It is through Defendant’s information and belief that Plaintiff failed to adhere to strict

compliance with the “letter of the law” for the executory process and therefore the foreclosure

should have been moved to the ordinary process.

WHEREAS Defendant respectfully request the Court grant this Preliminary Injunction to

Arrest Seizure and Sale so as Defendant is not irreparably harmed by Plaintiff’s actions.

Respectfully Submitted,

BY:
Christopher J. James
Pro Se
183 Talley Street
Campti, LA 71411

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of this document has been mailed regular
mail to Plaintiff’s attorney Seale, Smith, Zuber and Barnette at their offices on Two
United Plaza Suite 200, 8550 United Plaza Blvd., Baton Rouge, LA 70809 on this
_____day of _________, 2016.