A third person claiming ownership of, or a mortgage or privilege on, property seized may assert his claim by intervention. If the third person asserts ownership of the seized property, the intervention may be filed at any time prior to the judicial sale of the seized property, and the court may grant him injunctive relief to prevent such sale before an adjudication of his claim of ownership. If the third person claims a mortgage or privilege on the entire property seized, whether superior or inferior to that of the seizing creditor, the intervention may be filed at any time prior to the distribution by the sheriff of the proceeds of the sale of the seized property, and the court shall order the sheriff to hold such proceeds subject to its further orders. When the intervener claims such a mortgage or privilege only on part of the property seized, and the intervention is filed prior to the judicial sale, the court may order the separate sale of the property on which the intervener claims a mortgage or privilege; or if a separate sale thereof is not feasible or necessary, or the intervener has no right thereto, the court may order the separate appraisement of the entire property seized and of the part thereof on which the intervener claims a mortgage or privilege. An intervener claiming the proceeds of a judicial sale does not thereby admit judicially the validity, nor is he estopped from asserting the invalidity, of the claim of the seizing creditor.
Art. 1092.Third Person Asserting Ownership Of, Or Mortgage Or Privilege On, Seized Property
Book II. Ordinary Proceedings · Title I. Pleading · Chapter 6. Incidental Actions · Last amended 1962 · Last verified July 30, 2026
In one sentenceArticle 1092 lets a third person claiming ownership of, or a mortgage or privilege on, seized property intervene before the property is sold or the sale proceeds are distributed, with specific timing and procedural rules depending on which kind of claim and how much of the property it covers.
Full Text of Art. 1092
Amendment History
Amended by Acts 1962, No. 92, §1.
Plain-English Summary
When a sheriff seizes property to satisfy a judgment, someone other than the debtor and the seizing creditor may have a stake in it — an owner whose property was wrongly seized, or a lender holding a mortgage on it. Article 1092 gives that person a specific intervention procedure, timed around the two events that would otherwise cut off their claim: the judicial sale and the distribution of proceeds.
A third person asserting ownership of the seized property can intervene any time before the judicial sale, and the court may grant injunctive relief to stop the sale until the ownership claim is decided. A third person claiming a mortgage or privilege on the entire property seized — whether that claim ranks ahead of or behind the seizing creditor's own claim — has more time: intervention any time before the sheriff distributes the sale proceeds, and the court orders the sheriff to hold those proceeds until the claim is resolved.
Article 1092 also handles the case where the mortgage or privilege covers only part of the seized property. If that intervention is filed before the judicial sale, the court can order that part sold separately, or, if a separate sale isn't feasible or the intervener turns out to have no real claim to it, order a separate appraisal of the whole property and of the portion the intervener claims.
One more protection runs both ways: an intervener claiming the sale proceeds doesn't judicially admit that the seizing creditor's claim is valid by intervening, and isn't estopped from later challenging that claim's validity.
Frequently Asked Questions
Can someone who claims ownership of seized property stop the sheriff's sale?
Yes. Article 1092 lets a third person claiming ownership intervene before the judicial sale, and the court may grant injunctive relief to prevent the sale before the ownership claim is decided.
What if someone holds a mortgage on property that's been seized?
They can intervene to assert the mortgage or privilege any time before the sheriff distributes the sale proceeds, and the court will order the sheriff to hold the proceeds until the claim is resolved.
What happens when the mortgage or privilege covers only part of the seized property?
If the intervention is filed before the sale, the court can order that part sold separately, or, if that's not workable, order a separate appraisal of the whole property and the part the intervener claims.
Does intervening to claim the sale proceeds mean the intervener admits the seizing creditor's claim is valid?
No. Article 1092 specifically preserves the intervener's right to later contest the validity of the seizing creditor's claim.
Source & verification. Article text is reproduced verbatim from
the Louisiana Code of Civil Procedure (legis.la.gov). Enacted by the Louisiana Legislature.
Last verified July 30, 2026.
· Official source
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