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Art. 3508.Amount of Security For Release of Attached Or Sequestered Property

Book VII. Special Proceedings · Title I. Provisional Remedies · Chapter 1. Attachment and Sequestration · Amendment history unavailable · Last verified July 30, 2026

In one sentenceArticle 3508 fixes the security needed to release attached or sequestered property at one-fourth more than the court-determined value of the property, or one-fourth more than the amount of the claim, whichever figure is smaller.

Full Text of Art. 3508

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The security for the release of property seized under a writ of attachment or of sequestration shall exceed by one-fourth the value of the property as determined by the court, or shall exceed by one-fourth the amount of the claim, whichever is the lesser.

Plain-English Summary

Releasing seized property on security only works if the security is enough to matter. Article 3508 sets that amount with a formula rather than leaving it to case-by-case discretion alone: the security must exceed by one-fourth either the property's value as the court determines it, or the amount of the claim, and whichever of those two figures is lower controls.

The lesser-of standard keeps the bond proportionate. If the property is worth far more than the claim, tying security to the claim amount, plus the one-fourth cushion, avoids forcing a defendant to post an inflated bond just to recover property that secures a modest debt. If the claim exceeds the property's value, tying security to the property's value protects the defendant from posting more than the seized property itself was ever worth.

This article is the reference point that Articles 3507, 3507.1, 3574, and 3576 all point back to when they call for security in a set amount rather than an amount the article itself specifies.

Frequently Asked Questions

How is the security amount calculated to release seized property in Louisiana?

Article 3508 sets it at one-fourth more than either the property's court-determined value or the amount of the claim, whichever of those two figures is lower.

Why does the security exceed the value or claim amount rather than match it?

The one-fourth cushion accounts for costs and potential additional damages, giving the plaintiff more assurance than a bond set at the bare value or claim amount would provide.

Which figure controls if the property is worth much more than the claim?

The claim amount, plus one-fourth, controls, since Article 3508 uses whichever of the two figures is the lesser.

Does this security amount apply to both attachment and sequestration?

Yes. Article 3508 sets the formula for release security under both writs, and other articles addressing release, such as Articles 3507.1 and 3576, incorporate it by reference.

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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