A. The original debtor, his surviving spouse in community, heirs, legatees, and legal representative are not required to furnish security for the issuance of a temporary restraining order or preliminary injunction to arrest a seizure and sale, when the injunctive relief is applied for solely on one or more of the following grounds:
Art. 2753.Security Not Required In Certain Cases
Book V. Summary and Executory Proceedings · Title II. Executory Proceedings · Chapter 5. Injunction to Arrest Seizure and Sale · Last amended 1989 · Last verified July 30, 2026
In one sentenceArticle 2753 excuses the debtor or similar defendant from posting security for a restraining order or preliminary injunction against a seizure and sale when relying solely on specific grounds, such as an extinguished or premature debt or a forged mortgage act, while barring redhibition claims and attorney's-fee disputes from supporting that injunction at all.
Full Text of Art. 2753
(1) The debt secured by the mortgage, security agreement, or privilege is extinguished or prescribed;
(2) The enforcement of the debt secured by the mortgage, security agreement, or privilege is premature, either because the original term allowed for payment, or any extension thereof granted by the creditor, had not expired at the time of the institution of the executory proceeding;
(3) The act evidencing the mortgage or privilege or the security agreement is forged, or the debtor's signature thereto was procured by fraud, violence, or other unlawful means;
(4) The defendant in the executory proceeding has a liquidated claim to plead in compensation against the debt secured by the mortgage, security agreement, or privilege; or
(5) The order directing the issuance of the writ of seizure and sale was rendered without sufficient authentic evidence having been submitted to the court, or the evidence submitted was not actually authentic. B. Notwithstanding any of the provisions of this Chapter to the contrary, a claim or an action in redhibition shall not be grounds for the issuance of a temporary restraining order or preliminary injunction to arrest a seizure and sale, without security as provided by law. C. Notwithstanding any of the provisions of this Chapter to the contrary, a claim that the attorney's fees established in the mortgage, security agreement, or privilege to be enforced are unreasonable shall not be grounds for the issuance of a temporary restraining order or preliminary injunction to arrest a seizure and sale. Any such claim may only be urged either:
(1) Prior to the sale by means of a rule to show cause filed not later than ten days, exclusive of holidays, prior to the sale, and tried summarily prior to the date of the sale, or
(2) In conjunction with a proceeding seeking a deficiency judgment to satisfy the debt for which the property was sold.
Amendment History
Acts 1983, No. 341, §1; Acts 1987, No. 304, §1; Acts 1989, No. 137, §18, eff. 9/1/1989.
Plain-English Summary
Seeking a restraining order or preliminary injunction normally means putting up security -- money or a bond that protects the other side if the injunction turns out to have been wrongfully issued. Article 2753 excuses the original debtor and those standing in the debtor's shoes -- a surviving spouse in community, heirs, legatees, or a legal representative -- from that requirement, but only when the injunction rests solely on one or more of five specific grounds.
Those grounds share a common thread: each one, if true, would mean the creditor should never have been able to seize the property in the first place, so the law does not make the defendant pay to prove it. They are that the secured debt is extinguished or has prescribed; that enforcement is premature because the payment term, or an extension the creditor granted, had not yet run out when the executory proceeding began; that the mortgage or security document is forged, or that the debtor's signature on it was procured by fraud, violence, or other unlawful means; that the defendant holds a liquidated claim against the creditor that can offset the debt; or that the order authorizing the writ issued without the authentic evidence the law requires, or on evidence that was not truly authentic in the first place.
Two further limits round out the article. A redhibition claim -- the civil-law warranty remedy for a hidden defect in a thing sold -- cannot support a security-free injunction under this article; a defendant relying on redhibition still has to post security like any other injunction applicant. And a claim that the attorney's fees set in the mortgage or security document are unreasonable cannot support a restraining order or preliminary injunction at all, with or without security. That kind of dispute has to be raised another way: through a rule to show cause filed at least ten days before the sale and tried summarily before the sale happens, or later, folded into a proceeding seeking a deficiency judgment.
Frequently Asked Questions
When does a debtor not have to post a bond to stop a Louisiana executory sale?
When the injunction rests solely on one of five listed grounds: an extinguished or prescribed debt, prematurity, forgery or fraud in the mortgage act, a liquidated offset claim, or insufficient authentic evidence behind the order for the writ.
Can a redhibition claim stop a seizure and sale without posting security?
No. Article 2753 specifically excludes redhibition claims from the security-free grounds, so security is still required.
Can a debtor challenge the attorney's fees in the mortgage to stop the sale?
No. Article 2753 bars that claim as a ground for any restraining order or preliminary injunction; it must instead be raised through a rule to show cause before the sale or in a later deficiency judgment proceeding.
What is a liquidated claim to plead in compensation?
A fixed, determinable claim the defendant holds against the creditor that can be offset against the secured debt, one of the grounds that excuses posting security under this article.
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: security not required for injunction Louisiana foreclosureArticle 2753 Louisianagrounds to stop a sheriff sale without a bondredhibition claim executory process Louisianaattorney's fees rule to show cause Louisiana