When a third person has intervened and asserted a privilege on the property seized superior to that of the judgment creditor, the court shall order the sheriff to withhold a portion of the proceeds of the judicial sale of the property sufficient to satisfy the intervener's claim, subject to the further orders of the court.
Art. 2299.Order Prohibiting Payment of Proceeds of Sale
Book IV. Execution of Judgments · Title II. Money Judgments · Chapter 1. Writ of Fieri Facias · Last amended 1961 · Last verified July 30, 2026
In one sentenceArticle 2299 requires the court, once a third person has intervened to assert a privilege on seized property that outranks the judgment creditor's claim, to order the sheriff to hold back enough of the sale proceeds to cover the intervener's claim pending further orders of the court.
Full Text of Art. 2299
Amendment History
Amended by Acts 1961, No. 23, §1.
Plain-English Summary
Intervention is the procedural mechanism by which someone who is not already a party to a proceeding steps in to assert a claim of their own. Article 2299 addresses one specific version of that: a third person who intervenes in a seizure proceeding to assert a privilege on the seized property that ranks ahead of the judgment creditor's own claim to it.
The remedy Article 2299 supplies does not stop the sale. The property still goes to a sheriff's sale on schedule, keeping the process moving rather than causing the disruption an injunction under Article 2298 would. Instead, the court orders the sheriff to hold back enough of the sale proceeds to cover what the intervener claims, keeping those specific funds set aside until the competing claims are resolved in further proceedings.
The article works alongside Article 2292's ranking scheme for privileges on seized property. When a dispute over that ranking surfaces mid-process, Article 2299 keeps the sheriff from paying out proceeds to the judgment creditor in a way that could shortchange a privilege holder who ranks ahead, freezing the disputed amount until the court sorts out who is entitled to it.
Frequently Asked Questions
What happens if someone else claims a superior privilege on property about to be sold at a sheriff's sale?
If that person intervenes in the case, the court orders the sheriff to withhold enough of the sale proceeds to cover the claim, holding those funds pending further orders.
Does a competing privilege claim stop the sheriff's sale from happening?
No. Article 2299 does not halt the sale itself. It only requires setting aside part of the proceeds so the sale can proceed while the competing claims get resolved.
What is an intervention in this context?
It is how a third party who is not otherwise a party to the seizure proceeding formally joins the case to assert its own claim, here a privilege on the seized property superior to the judgment creditor's.
What happens to the withheld proceeds afterward?
They remain held subject to further orders of the court until the priority between the judgment creditor and the intervener asserting the superior privilege is resolved.
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
Also known as: withholding sale proceeds LouisianaArticle 2299 Louisianathird party privilege claim on seized propertyintervention in a sheriff's sale Louisianasuperior privilege on proceeds of sale