If several items of property have been seized, or if one item of property which is divisible into portions has been seized, and if the value of the property seized exceeds what is reasonably necessary to satisfy the judgment, including interest and costs, the judgment debtor may obtain the release of the excess items or portion by contradictory motion filed not less than ten days before the day fixed for the sale. The judgment debtor may not obtain the release of property on which the judgment creditor has a mortgage, or a privilege other than that resulting from the seizure.
Art. 2296.Reduction of Excessive Seizure
Book IV. Execution of Judgments · Title II. Money Judgments · Chapter 1. Writ of Fieri Facias · Amendment history unavailable · Last verified July 30, 2026
In one sentenceArticle 2296 lets a judgment debtor free excess seized property, whether several items or a divisible portion, by contradictory motion filed at least ten days before the sale, whenever what was seized is worth more than reasonably needed to satisfy the judgment, interest, and costs, except property already carrying the creditor's own mortgage or privilege.
Full Text of Art. 2296
Plain-English Summary
Whoever directs a seizure may end up taking more than is needed. Resale value is hard to predict exactly, but leaving a debtor's excess property tied up in seizure limbo carries its own cost even before any sale happens, since the debtor cannot sell it, use it, or pledge it elsewhere while it sits seized. Article 2296 gives the debtor a way to cut that back.
The mechanism is a contradictory motion, meaning a motion the opposing side gets notice of and a chance to contest, rather than a request decided without their input. The debtor must file it at least ten days before the sale date, a firm backstop that keeps the issue from surfacing at the last minute and disrupting a sale that has already been scheduled.
The standard is not just any surplus. The debtor has to show the seized property is worth more than reasonably necessary to satisfy the judgment, including interest and costs, so a court weighs whether the excess is meaningful rather than a marginal difference in estimated value.
The same limit found in Article 2295 applies here: a debtor cannot obtain release of property on which the judgment creditor already holds a mortgage or a privilege other than the one created by the seizure itself. That property is collateral tied specifically to this debt, and the excessive-seizure remedy is not a route around a creditor's own security.
Frequently Asked Questions
What can I do if the sheriff seized more property than I owe?
File a contradictory motion at least ten days before the sale date asking the court to release the excess items or portion of property, under Article 2296.
What is a contradictory motion?
A motion filed with notice to the opposing side, who gets a chance to respond and be heard, rather than a request decided without their input.
How much excess has to be shown to get property released?
More than what is reasonably necessary to satisfy the judgment, including interest and costs, a meaningful excess rather than a marginal difference in estimated value.
Can I get back property the judgment creditor already holds a mortgage on?
No. Article 2296 excludes property on which the judgment creditor has a mortgage or a privilege other than the one created by the seizure itself.
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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