Except as provided in Article 3513, a final judgment must be obtained in an action where a writ of attachment or of sequestration has issued before the property seized can be sold to satisfy the claim.
Art. 3510.Necessity For Judgment and Execution
Book VII. Special Proceedings · Title I. Provisional Remedies · Chapter 1. Attachment and Sequestration · Amendment history unavailable · Last verified July 30, 2026
In one sentenceArticle 3510 requires a final judgment before property seized under a writ of attachment or sequestration can be sold to satisfy the claim, except for perishable property handled under Article 3513.
Full Text of Art. 3510
Plain-English Summary
Attachment and sequestration secure a claim; they do not collect on it. Article 3510 makes that distinction explicit by barring the sale of seized property to satisfy the plaintiff's claim until a final judgment has been obtained in the action. The seizure holds the property in place; only a judgment turns that hold into an actual collection remedy.
That sequencing matters because the writ issues on the strength of the plaintiff's sworn allegations alone, tested only if the defendant moves to dissolve under Article 3506. Selling the property before judgment would let the plaintiff collect on a claim that has not yet been proven, defeating the whole point of treating these remedies as provisional rather than final.
Article 3513 supplies the one exception, for perishable property that cannot practically wait for a final judgment without losing its value. Everything else seized under this chapter stays seized, or gets released on security under Articles 3507 through 3509, until the underlying case reaches its conclusion.
Frequently Asked Questions
Can seized property be sold before a judgment is rendered in Louisiana?
Generally no. Article 3510 requires a final judgment in the action before property seized under a writ of attachment or sequestration can be sold to satisfy the claim.
What is the exception to this rule?
Perishable property, which Article 3513 allows to be sold before final judgment because it cannot wait, with the proceeds held by the sheriff subject to the court's orders.
Why doesn't attachment let a creditor collect on a debt right away?
Because attachment is a provisional remedy that secures a claim pending litigation, not a final collection tool. Article 3510 keeps the seizure and the judgment as separate steps.
What happens to seized property while the case is pending?
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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