Perishable property seized under a writ of attachment or of sequestration may be sold as provided in Article 2333. The proceeds of such a sale shall be held by the sheriff subject to the orders of the court. Nothing contained herein shall be construed to prohibit the release of such property upon furnishing of security.
Art. 3513.Sale of Perishable 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 3513 allows perishable property seized under a writ of attachment or sequestration to be sold before final judgment, with the sale proceeds held by the sheriff subject to court order, and does not stop the property from being released on security instead.
Full Text of Art. 3513
Plain-English Summary
Article 3510's rule against selling seized property before final judgment does not work for everything. Perishable goods lose value, or vanish altogether, if they sit under seizure for the length of a lawsuit. Article 3513 carves out that category, letting perishable property be sold before judgment rather than held until the case concludes.
The sale itself does not hand the plaintiff cash in place of the goods without any strings attached. The proceeds go to the sheriff, who holds them subject to the court's orders, preserving the same provisional character the property itself had before the sale. Whoever is ultimately entitled to the property's value gets it once the case resolves, just as a converted form of what was seized.
Selling the property is not the only option available for perishables. Article 3513 makes clear that nothing in it stops the property from being released on security instead, the same way non-perishable property can be released under Articles 3507 through 3509, if a defendant or third person would rather bond it out than see it sold.
Frequently Asked Questions
Can perishable property be sold before the lawsuit is over in Louisiana?
Yes. Article 3513 is the exception to the usual rule that seized property cannot be sold before final judgment, applying specifically to perishable property.
What happens to the money from selling perishable seized property?
The sheriff holds the proceeds subject to the court's orders, so the money stands in place of the property until the case resolves.
Does selling perishable property mean it can't be released on security?
No. Article 3513 preserves the option to release perishable property on security under the same articles that apply to other seized property, instead of selling it.
Who decides whether seized property counts as perishable?
The article does not define the term itself; whether particular property is perishable is a factual question for the court based on the nature of the goods and the risk of loss from continued 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
Also known as: sale of perishable seized property LouisianaArticle 3513 Louisianaperishable property attachment sequestrationproceeds held by sheriff Louisianaselling seized goods before judgment