Art. 2754.Security Otherwise Required
Book V. Summary and Executory Proceedings · Title II. Executory Proceedings · Chapter 5. Injunction to Arrest Seizure and Sale · Amendment history unavailable · Last verified July 30, 2026
Full Text of Art. 2754
Plain-English Summary
Article 2754 closes out the injunction chapter with the rule that everything before it qualifies. Outside the specific grounds Article 2753 exempts, no temporary restraining order or preliminary injunction can issue to arrest a seizure and sale unless the party asking for it furnishes security, under the terms Article 3610 sets for injunctions generally.
Security serves as a backstop for the creditor. If the injunction later turns out to have been wrongfully obtained, that security stands ready to cover the damages the delay caused, the kind of damages Article 2752 already flags as recoverable when a restraining order or preliminary injunction is set aside. Requiring it up front discourages a defendant from tying up a sale on a weak claim just to buy time.
Read together, Articles 2751 through 2754 form a single structure: Article 2751 states the grounds for the injunction, Article 2752 sets where and how to seek it, Article 2753 carves out the narrow set of grounds strong enough to justify skipping security, and Article 2754 makes security the rule for everything else. A defendant relying on a ground Article 2753 does not list -- even one that fits within Article 2751's broader categories -- still has to post security before a court will issue the injunction.
Frequently Asked Questions
Does a debtor have to post a bond to stop a sheriff's sale in Louisiana?
Yes, unless the injunction rests solely on a ground Article 2753 exempts from the security requirement.
What does the required security under Article 2754 protect against?
It protects the creditor by standing ready to cover damages caused if the injunction is later found to have been wrongfully issued.
What standard sets the amount or form of the required security?
Article 3610, the general injunction security rule that Article 2754 applies to an injunction arresting a seizure and sale.
If a ground for stopping the sale is not listed in Article 2753, is security still required?
Yes, even if the ground otherwise fits within one of Article 2751's broader categories for the injunction.