The security required of the plaintiff for the issuance of a writ of attachment or of sequestration shall be released when judgment is rendered in his favor and is affirmed on appeal or when no appeal has been taken and the delay for appeal has elapsed.
Art. 3512.Release of Plaintiff's Security
Book VII. Special Proceedings · Title I. Provisional Remedies · Chapter 1. Attachment and Sequestration · Amendment history unavailable · Last verified July 30, 2026
In one sentenceArticle 3512 releases the plaintiff's security for a writ of attachment or sequestration once judgment in the plaintiff's favor is affirmed on appeal, or once the delay for taking an appeal has run without one being filed.
Full Text of Art. 3512
Plain-English Summary
The security a plaintiff posts under Article 3501 to obtain a writ does not disappear the moment judgment is rendered in the plaintiff's favor. Article 3512 keeps it in place through the period when a reversal is still possible, releasing it only once the plaintiff's victory is secure.
Two events trigger release. Either the judgment is affirmed on appeal, meaning any challenge to it has already failed, or no appeal is taken at all and the delay for filing one has elapsed, meaning the judgment can no longer be disturbed through that avenue.
Until one of those two things happens, the security stays available to answer for the defendant's damages if the writ turns out, in the end, to have been wrongfully obtained, for instance if an appellate court reverses. The article ties the security's life span to the finality of the judgment it was meant to protect against, not to the trial court's ruling alone.
Frequently Asked Questions
When does a plaintiff get back the security posted for a writ of attachment?
Once the judgment in the plaintiff's favor is affirmed on appeal, or once no appeal was taken and the delay for appealing has run out.
Does winning at trial release the plaintiff's security right away?
No. Article 3512 keeps the security in place until the judgment becomes final, either through affirmance on appeal or the expiration of the appeal delay without an appeal being filed.
What is the security protecting during that waiting period?
The defendant's right to damages if the writ is ultimately found to have been wrongfully obtained, which remains a live possibility until the judgment is no longer subject to reversal.
What happens to the security if the judgment is reversed on appeal?
Article 3512 does not release the security in that scenario, since the condition for release, an affirmance, was not met; the security would remain available to address the wrongful seizure.
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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