Property seized under a writ of attachment or of sequestration may be released to the plaintiff upon proof of his ownership and upon furnishing security as required by Article 3508. All costs incurred as a result of the seizure shall be paid by the plaintiff prior to the release of the property. A written agreement to hold the seizing authority harmless for wrongful seizure of property which is not seized to enforce a security interest, mortgage, lien or privilege may be substituted in lieu of security at the discretion of the sheriff.
Art. 3507.1.Release of Property By Plaintiff; Security
Book VII. Special Proceedings · Title I. Provisional Remedies · Chapter 1. Attachment and Sequestration · Last amended 1989 · Last verified July 30, 2026
In one sentenceArticle 3507.1 lets a plaintiff who has proven ownership of seized property obtain its release to themselves by furnishing the security Article 3508 requires and paying the seizure costs, with a hold-harmless agreement allowed in place of security in some cases.
Full Text of Art. 3507.1
Amendment History
Acts 1985, No. 593, §1; Acts 1989, No. 137, §18, eff. 9/1/1989.
Plain-English Summary
Most of this chapter's release provisions run in the defendant's favor, but Article 3507.1 works the other direction. When a plaintiff has seized property under a writ of attachment or sequestration and can prove ownership of it, the plaintiff can have the property released to their own custody rather than leaving it with the sheriff pending trial. This fits sequestration especially well, since sequestration exists precisely to protect a claimant's ownership or possessory interest in the specific property seized.
Getting the property released this way still comes with obligations. The plaintiff has to furnish security in the amount Article 3508 sets and pay all costs the seizure generated before the property is handed over.
Article 3507.1 also allows a substitute for security in narrower circumstances: a written agreement holding the seizing authority harmless for a wrongful seizure, in lieu of posting security, but only where the property was not seized to enforce a security interest, mortgage, lien, or privilege, and only if the sheriff agrees to accept that arrangement instead.
Frequently Asked Questions
Can a plaintiff get seized property released to themselves before trial in Louisiana?
Yes, if the plaintiff proves ownership of the property and furnishes the security Article 3508 requires. Article 3507.1 lets the property go to the plaintiff rather than sit with the sheriff.
Does the plaintiff have to pay anything to get the property released?
Yes. All costs incurred by the seizure must be paid by the plaintiff before the property is released under this article.
Is there any alternative to posting security under Article 3507.1?
Yes, in limited situations. A written hold-harmless agreement can substitute for security, at the sheriff's discretion, but only when the property was not seized to enforce a security interest, mortgage, lien, or privilege.
How is this different from a defendant releasing property under Article 3507?
Article 3507 lets a defendant regain possession by bonding against a future judgment. Article 3507.1 lets the plaintiff, who claims ownership of the specific property, take custody of it instead, which fits sequestration's focus on the disputed property itself.
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
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