To the extent not otherwise provided under Chapter 9 of the Louisiana Commercial Laws (R.S. 10:9-101, et seq.), a creditor who seizes property under a writ of attachment or of sequestration acquires a privilege from the time of seizure if judgment is rendered maintaining the attachment or sequestration.
Art. 3511.Attachment and Sequestration; Privilege
Book VII. Special Proceedings · Title I. Provisional Remedies · Chapter 1. Attachment and Sequestration · Enacted 1989 · no amendments on record · Last verified July 30, 2026
In one sentenceArticle 3511 gives a creditor who seizes property under a writ of attachment or sequestration a privilege on that property dating from the time of seizure, once judgment maintains the writ, subject to the Louisiana Commercial Laws' secured transactions provisions where those apply.
Full Text of Art. 3511
Amendment History
Acts 1989, No. 137, §18, eff. 9/1/1989.
Plain-English Summary
A successful attachment or sequestration does more than hold property in place. Article 3511 rewards the seizing creditor with a privilege, a preferred claim ranking ahead of ordinary unsecured creditors, over the property that was seized, but only once a judgment is rendered maintaining the writ. An unsuccessful attachment or sequestration, one dissolved under Article 3506, produces no privilege at all.
The privilege dates back to the moment of seizure, not the later date of judgment. That timing can decide priority disputes among multiple creditors reaching for the same property, since a creditor who seized earlier and later won on the merits outranks one who moved later, even if the second creditor's judgment came first.
Article 3511 subordinates this privilege to Chapter 9 of the Louisiana Commercial Laws, the state's secured transactions regime, to the extent that Chapter 9 already addresses the same property and priority. Where a security interest under Chapter 9 governs, that framework controls instead of the seizure-based privilege this article creates.
Frequently Asked Questions
Does seizing property under a writ of attachment give the creditor priority over other creditors?
Yes, but only once judgment is rendered maintaining the writ. Article 3511 then gives the seizing creditor a privilege on the property dating from the time of seizure.
What happens to the privilege if the writ is dissolved?
No privilege arises. Article 3511's privilege depends on a judgment maintaining the attachment or sequestration; a dissolved writ, under Article 3506, produces no privilege on the property.
Why does the privilege date back to the seizure instead of the judgment?
To protect the seizing creditor's priority against other creditors who might move against the same property while the case is still pending, rather than letting priority turn on how quickly the case reaches judgment.
Does this privilege override Louisiana's secured transactions law?
No. Article 3511 applies only to the extent Chapter 9 of the Louisiana Commercial Laws does not already govern the same property and priority question.
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: privilege from seizure Louisiana attachmentArticle 3511 Louisianapriority of attaching creditor Louisianasequestration privilege effective dateChapter 9 secured transactions attachment