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Art. 3514.Release Not to Affect Right to Damages

Book VII. Special Proceedings · Title I. Provisional Remedies · Chapter 1. Attachment and Sequestration · Amendment history unavailable · Last verified July 30, 2026

In one sentenceArticle 3514 makes clear that releasing seized property on security under Article 3507, 3509, or 3576 does not stop a party from later challenging the seizure as invalid or from recovering damages for a wrongful seizure.

Full Text of Art. 3514

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The release of property upon furnishing security under Articles 3507, 3509, or 3576 shall not preclude a party from asserting the invalidity of the seizure, or impair his right to damages because of a wrongful seizure.

Plain-English Summary

A defendant or third person who posts security to get seized property released is not giving up the fight over whether the seizure should have happened at all. Article 3514 preserves both remaining avenues of relief: the ability to assert the seizure was invalid, and the right to damages if the seizure turns out to have been wrongful.

Without this article, a party might hesitate to bond out property, worried that doing so would look like an admission the writ was proper or a waiver of any claim arising from it. Article 3514 removes that concern, letting a party recover the practical use of their property right away under Article 3507, 3509, or 3576 while still pursuing the legal challenge on its own timeline.

This keeps the chapter's remedies working together rather than forcing an either-or choice. A party can regain possession through security and pursue dissolution and damages under Article 3506 in parallel, rather than picking one path at the cost of the other.

Frequently Asked Questions

Does getting seized property back on security mean I gave up my right to challenge the seizure?

No. Article 3514 expressly preserves the right to assert the invalidity of the seizure even after the property has been released on security.

Can I still sue for damages after bonding out my property?

Yes. Article 3514 protects the right to damages for a wrongful seizure regardless of whether the property was released on security first.

Which release provisions does Article 3514 apply to?

Releases under Article 3507 by a defendant, Article 3509 by a third person, and Article 3576 by a plaintiff releasing sequestered property, all fall within this protection.

Why does this protection matter for someone deciding whether to post security?

It lets a party regain the practical use of seized property without having to abandon a later challenge to the seizure or a claim for wrongful-seizure damages.

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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