Art. 2503.Distringas, Execution and Revocation
Book IV. Execution of Judgments · Title III. Judgments Other Than Money Judgments · Chapter 1. Judgments Other Than Money Judgments · Amendment history unavailable · Last verified July 30, 2026
Full Text of Art. 2503
Plain-English Summary
Article 2503 fills in what happens once a court grants a writ of distringas under Article 2502. The sheriff seizes the disobedient defendant's property, but does not turn it over to anyone or sell it in the ordinary way. Instead, the sheriff retains it, holding it subject to whatever further orders the court issues.
That seizure is not permanent. The court has to revoke the writ, and order the sheriff to release the property back to the defendant, once the defendant proves two things: that he has now complied with the judgment the distringas was meant to enforce, and that he has also satisfied any separate damages judgment the plaintiff obtained because of the earlier noncompliance. Both conditions have to be met; proving compliance with the original judgment alone does not release property held to cover an unpaid damages award.
Perishable property gets separate treatment, since holding it indefinitely would let it spoil or lose value before the underlying dispute resolves. Article 2503 allows perishable property seized under a writ of distringas to be sold the way Article 2333 provides for perishables seized in ordinary execution, and the proceeds of that sale replace the property itself, held by the sheriff subject to the court's orders until the case is resolved.
Frequently Asked Questions
What does the sheriff do with property seized under a writ of distringas?
The sheriff retains it, holding it subject to the court's orders, rather than selling it or turning it over to the creditor -- except for perishable property, which may be sold.
When does the court release property seized under a distringas back to the defendant?
Once the defendant proves he has complied with the underlying judgment and has satisfied any separate damages judgment obtained against him for the earlier noncompliance.
What happens to perishable property seized under a writ of distringas?
It may be sold under Article 2333, the same provision that governs perishables seized in ordinary execution, and the sheriff holds the sale proceeds subject to the court's orders.
Can property be released if the defendant complies with the judgment but has not paid a damages award?
No. Article 2503 requires proof of both compliance with the judgment and satisfaction of any resulting damages judgment before the writ is revoked.