A writ of attachment or of sequestration may issue before the petition is filed, if the plaintiff obtains leave of court and furnishes the affidavit and security provided in Article 3501. In such a case the petition shall be filed on the first judicial day after the issuance of the writ of attachment or of sequestration, unless for good cause shown the court grants a longer delay.
Art. 3502.Issuance of Writ Before Petition Filed
Book VII. Special Proceedings · Title I. Provisional Remedies · Chapter 1. Attachment and Sequestration · Amendment history unavailable · Last verified July 30, 2026
In one sentenceArticle 3502 lets a writ of attachment or sequestration issue before the petition itself is filed if the plaintiff gets leave of court and furnishes the affidavit and security Article 3501 requires, so long as the petition follows on the next judicial day absent good cause for a longer delay.
Full Text of Art. 3502
Plain-English Summary
Some situations will not wait for a petition to be drafted and filed. A debtor moving to hide assets, or property about to leave the parish, can be gone before a formal pleading is ready. Article 3502 addresses that by letting the writ issue first, on leave of court, once the applicant furnishes the affidavit and security Article 3501 requires.
The accommodation is narrow and time-limited. The petition still has to be filed, and Article 3502 requires it on the first judicial day after the writ issues, unless the court, for good cause shown, allows more time. The writ does not substitute for the petition; it only lets the seizure happen before the paperwork that will anchor the rest of the case catches up.
This sequencing exception underscores how provisional these remedies are. The writ protects a claim that has not yet been fully pleaded, let alone proven, so the Code keeps a tight leash on how long the petition can lag behind the seizure itself.
Frequently Asked Questions
Can a writ of attachment issue in Louisiana before the petition is filed?
Yes. Article 3502 allows it if the plaintiff obtains leave of court and furnishes the affidavit and security required by Article 3501.
How soon does the petition have to be filed after the writ issues?
By the first judicial day after the writ issues, unless the court grants a longer delay for good cause shown.
Why would a plaintiff want the writ before the petition is ready?
Because the risk the writ addresses, such as a debtor concealing or removing property, can materialize faster than a petition can be drafted and filed.
Does obtaining the writ early change what the petition has to contain?
No. Once filed, the petition still has to satisfy Article 3501 and the other requirements of this chapter; Article 3502 only changes the order in which the writ and the petition arrive.
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: writ before petition filed LouisianaArticle 3502 Louisianaleave of court writ of attachmentemergency writ of sequestration Louisianafiling petition after writ issued