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Art. 3574.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 3574 requires an applicant for a writ of sequestration to post security in an amount the court finds sufficient to protect the defendant against damage from a wrongful issuance, unless another law dispenses with that requirement.

Full Text of Art. 3574

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An applicant for a writ of sequestration shall furnish security for an amount determined by the court to be sufficient to protect the defendant against any damage resulting from a wrongful issuance, unless security is dispensed with by law.

Plain-English Summary

Article 3574 supplies sequestration's general security rule, the counterpart to Article 3544's attachment-specific security provision. Rather than a fixed formula, it asks the court to set an amount sufficient to protect the defendant against the damage a wrongful sequestration would cause, tailored to the property and circumstances of the case.

That flexibility matters because sequestration covers a wide range of situations, from a dispute over a piece of equipment worth a modest sum to a dispute over valuable immovable property, and a single fixed figure could not fit all of them. Leaving the amount to the court's determination lets the security match the risk the defendant faces.

The default requirement gives way where another law dispenses with security altogether. Article 3573's court-ordered sequestration on its own motion is one example, and Article 3575's sequestration to enforce a lessor's privilege is another, both discussed elsewhere in this section, where the underlying circumstances make a security requirement unnecessary.

Frequently Asked Questions

How much security does a plaintiff have to post for a writ of sequestration?

An amount the court determines sufficient to protect the defendant against damage from a wrongful issuance of the writ, under Article 3574.

Is there a fixed formula for sequestration security, like there is for attachment?

No. Article 3574 leaves the amount to the court's determination based on the circumstances, rather than a fixed calculation like Article 3508's release-security formula.

When is security not required for a writ of sequestration?

When another law dispenses with it, such as Article 3573's court-ordered sequestration on its own motion, or Article 3575's sequestration enforcing a lessor's privilege.

What is the security meant to protect against?

Damage the defendant sustains if the sequestration turns out to have been wrongfully issued, the same underlying concern behind the security requirement for attachment under Article 3501.

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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