Art. 3507.Release of Property By Defendant; Security
Book VII. Special Proceedings · Title I. Provisional Remedies · Chapter 1. Attachment and Sequestration · Amendment history unavailable · Last verified July 30, 2026
Full Text of Art. 3507
Plain-English Summary
A defendant does not have to win a motion to dissolve to get seized property back. Article 3507 offers a separate, more direct route: post security answering for any judgment that may eventually be rendered, and the property is released.
This differs from Article 3506's dissolution motion in what it concedes. Moving to dissolve challenges whether the writ should have issued at all. Furnishing security under Article 3507 does not contest that question; it substitutes a bond for the property itself, letting the defendant regain use of the property while the underlying claim is still being litigated.
Articles 3508 sets the amount of that security, and Article 3514 makes clear that posting it and getting the property back does not waive the defendant's right to still challenge the seizure or seek damages for a wrongful one later. The two remedies, dissolution and release on security, are not mutually exclusive paths.
Frequently Asked Questions
How can a defendant get seized property back without challenging the writ?
By furnishing security under Article 3507 sufficient to satisfy any judgment that may eventually be rendered against them, which releases the property without disputing whether the writ should have issued.
Is furnishing security the same as conceding the writ was valid?
No. Article 3514 preserves the defendant's right to still argue the seizure was invalid or to seek damages for a wrongful seizure, even after posting security and getting the property back.
How much security does a defendant have to post to release seized property?
The amount set by Article 3508, which ties the security to the value of the property or the amount of the claim, whichever produces the lesser figure.
Can a third party who is not a defendant use this same release process?
Yes. Article 3509 lets a third person in possession of the seized property obtain release in the same manner, delay, and effect as a defendant under this article.