When property seized under a writ of attachment or of sequestration is in the possession of one not a party to the action, he may intervene in the action and, upon prima facie showing that he is the owner, pledgee, or consignee of the property, have the property released by furnishing security in the manner and amount, within the same delay, and with the same effect as a defendant.
Art. 3509.Release of Property By Third Person
Book VII. Special Proceedings · Title I. Provisional Remedies · Chapter 1. Attachment and Sequestration · Amendment history unavailable · Last verified July 30, 2026
In one sentenceArticle 3509 lets a third person holding seized property intervene in the action and obtain its release, on a prima facie showing of ownership, pledge, or consignment, by furnishing security in the same manner, delay, and effect as a defendant would under Article 3507.
Full Text of Art. 3509
Plain-English Summary
A writ of attachment or sequestration does not always land on property in the defendant's own hands. Sometimes the sheriff seizes property held by someone who is not a party to the suit at all, a bailee, consignee, or pledgee, for instance. Article 3509 gives that third person a way back into the case and a way to recover the property.
The mechanism is intervention: the third person joins the action and makes a prima facie showing of a qualifying interest, that they are the owner, pledgee, or consignee of the property. A prima facie showing does not require a full trial on that interest, only enough to establish it on the face of the evidence presented.
Once that showing is made, the third person can obtain release of the property on the same terms a defendant would use under Article 3507: the same security, the same delay for furnishing it, and the same legal effect. The article treats the outside possessor as functionally a defendant for purposes of getting the property back, even though the underlying lawsuit is not against them.
Frequently Asked Questions
What can a non-party do if their property is seized under a Louisiana writ of attachment?
Intervene in the action under Article 3509 and, on a prima facie showing of ownership, pledge, or consignment of the property, obtain its release.
What does a prima facie showing require?
Enough evidence to establish the third person's claimed interest, ownership, pledge, or consignment, on its face, without requiring a full trial of that issue first.
What security does the third person have to post?
Does intervening under this article make the third person a defendant in the whole case?
No. Article 3509 only gives the third person the same release procedure a defendant uses; it does not make them a party to the underlying claim beyond that purpose.
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: third party seized property release LouisianaArticle 3509 Louisianaintervention writ of attachment Louisianaprima facie ownership sequestrationnon-party property seizure release