If the value of the property seized under a writ of attachment or of sequestration exceeds what is reasonably necessary to satisfy the plaintiff's claim, the defendant by contradictory motion may obtain the release of the excess.
Art. 3505.Reduction of Excessive Seizure
Book VII. Special Proceedings · Title I. Provisional Remedies · Chapter 1. Attachment and Sequestration · Amendment history unavailable · Last verified July 30, 2026
In one sentenceArticle 3505 lets a defendant use a contradictory motion to obtain the release of property seized under a writ of attachment or sequestration when its value exceeds what is reasonably necessary to satisfy the plaintiff's claim.
Full Text of Art. 3505
Plain-English Summary
A seizure under this chapter is meant to secure a claim, not to tie up more of a defendant's property than the claim justifies. Article 3505 gives the defendant a proportionality check: if the seized property's value exceeds what is reasonably necessary to satisfy the plaintiff's claim, the defendant can move to release the excess.
The vehicle for that relief is a contradictory motion, meaning both sides get notice and an opportunity to be heard before the court rules, rather than a request decided on the defendant's papers alone. The court compares the value of what was seized against the claim the writ is meant to secure and releases whatever is not reasonably needed to cover it.
This article works alongside Article 3504's inventory requirement. Without a documented record of what was seized and its apparent value, a defendant would have a harder time showing the court that the seizure reached further than the claim warranted.
Frequently Asked Questions
Can a defendant get back part of what was seized under a Louisiana writ of attachment?
Yes, if the value of what was seized exceeds what is reasonably necessary to satisfy the plaintiff's claim. Article 3505 lets the defendant move for release of that excess.
What kind of motion is used to challenge an excessive seizure?
A contradictory motion, which gives the plaintiff notice and a chance to respond before the court decides whether to release any of the seized property.
Does Article 3505 let a defendant challenge the writ itself, not just the amount seized?
No. This article addresses only the size of the seizure relative to the claim. A challenge to the writ's validity is brought under Article 3506's motion to dissolve.
How does the court decide how much property is reasonably necessary?
By comparing the value of the property seized, as reflected in the sheriff's inventory, against the amount and nature of the claim the writ secures.
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: excessive seizure Louisiana attachmentArticle 3505 Louisianacontradictory motion release of propertyreducing seized property Louisianaproportionality writ of sequestration