Book IV. Execution of Judgments · Title II. Money Judgments · Chapter 1. Writ of Fieri Facias · Enacted 1989 · no amendments on record · Last verified July 30, 2026
Acts 1989, No. 137, §18, eff. 9/1/1989.
A privilege is Louisiana's civil-law term for what other legal systems call a lien: a preferential right against particular property that lets its holder be paid ahead of others from that property's value. Article 2292 says the act of seizing property under a fi fa creates this privilege in favor of the seizing creditor. An unsecured, or ordinary, creditor who seizes moves ahead of other ordinary creditors who have not yet seized, without needing a separate mortgage or contractual security interest to get there.
The article opens with a caveat: it applies to the extent not otherwise governed by Louisiana's commercial law on secured transactions. That limits the rule to ranking among ordinary, unsecured creditors. It does not override the separate priority scheme that already governs a creditor holding a consensual security interest, so a lender with a properly perfected security interest in the debtor's equipment generally keeps its own ranking regardless of who seizes first.
Among ordinary creditors, though, timing controls. If one creditor seizes a debtor's property today and a second creditor seizes the same property next week under a separate judgment against that debtor, the first creditor's privilege ranks ahead of the second's, and so on down the line as further seizures occur. That first-in-time ordering rewards a judgment creditor who moves quickly, since the proceeds of the eventual sale get distributed according to the order in which the seizures happened.
It is Louisiana's civil-law term for what other states call a lien, a preferential right against specific property that lets its holder be paid ahead of other creditors from that property's proceeds.
Yes, as to other ordinary, unsecured creditors. Article 2292 gives the seizing creditor a privilege on the seized property by the mere act of seizure, ahead of creditors who have not seized.
They rank among themselves according to the order in which their seizures occurred, so the creditor who seized first is paid first from the property's proceeds, and the next seizing creditor is paid next.
Not automatically. Article 2292 applies only to the extent the ranking is not already governed by Louisiana's commercial secured-transactions law, which separately controls priority for consensual security interests.