A writ of attachment in Louisiana is a court order that lets a plaintiff seize a defendant’s property at the start of a lawsuit, before any judgment, to keep those assets available if the plaintiff eventually wins. It’s available in any action for a money judgment, whether the amount is fixed or estimated and whether the defendant lives in Louisiana or elsewhere.1FindLaw. Louisiana Code of Civil Procedure CIV PROC TIT I Art 3542 – Writ of Attachment To obtain one, you need to fit within one of five statutory grounds, file a sworn affidavit with concrete facts, and post a bond equal to your claim.
The Five Grounds
You only need one, but you must prove at least one applies:2FindLaw. Louisiana Code of Civil Procedure CIV PROC TIT I Art 3541 – Grounds for Attachment
- The defendant is concealing themselves to avoid service.
- The defendant has mortgaged, encumbered, or disposed of property to defraud creditors or favor one over others, or is about to.
- The defendant has converted or is about to convert property into money or financial instruments to place it beyond creditors’ reach.
- The defendant has permanently left Louisiana, or is about to leave before a judgment can be obtained and executed.
- The defendant is a nonresident with no agent for service of process in Louisiana.
The nonresident ground is the one that shows up most often in commercial disputes, where an out-of-state company has equipment, receivables, or accounts in Louisiana but no formal presence here. It also carries a lighter bond, discussed below.
What You File and What You Post
Start with a petition in the appropriate district court and a sworn affidavit. The affidavit has to lay out the nature and amount of the claim and the specific facts that establish your chosen ground.3Louisiana State Legislature. Louisiana Code of Civil Procedure Art 3501 – Petition, Affidavit, Security Generalities fail. The judge needs enough concrete detail to independently find that the legal threshold is met.
Before the writ issues, you post a security bond equal to the full amount of your claim, excluding interest and costs. The exception: if the only ground is nonresidency, the bond is capped at $250, though the court can raise it up to the claim amount on a proper showing.4Louisiana State Legislature. Louisiana Code of Civil Procedure Art 3544 – Plaintiffs Security The bond isn’t just a formality. It exists so that if the attachment turns out to be wrongful, the defendant has a source from which to recover damages. Filing fees for the petition itself vary by parish.
What the Writ Can Reach
The writ covers both physical property (vehicles, equipment, inventory) and intangible interests (bank accounts, contract rights, credits owed to the defendant). Movable and immovable property both qualify. The asset has to sit within the jurisdiction where the suit is filed, and it has to belong to the named defendant.
If the sheriff takes more than is reasonably needed to secure the claim, the defendant can ask the court to reduce the seizure.5Justia Law. Louisiana Code of Civil Procedure Art 3505 – Reduction of Excessive Seizure
What’s Off Limits
Louisiana shields a long list of personal property from any seizure, including attachment. The main categories:6Justia Law. Louisiana Revised Statutes 13-3881 – General Exemptions From Seizure
- At least 75% of weekly disposable earnings, and never less than 30 times the federal minimum hourly wage. The protection drops to 50% for child support and 60% for spousal support.
- Tools, instruments, books, and one utility trailer necessary for the debtor’s livelihood.
- Clothing, bedding, furniture, kitchen appliances, washers, dryers, refrigerators, heating and cooling equipment, and similar household items.
- Up to $7,500 in equity in one non-commercial vehicle per household.
- Arms, ammunition, and accessories up to $2,500 combined.
- Wedding and engagement rings up to $5,000 per ring.
- Household pets, poultry, and one cow kept for family use.
A defendant whose exempt property has been swept up in a seizure should raise it immediately through a motion to dissolve or reduce the attachment.
How the Sheriff Carries It Out
Once the court issues the writ, the sheriff handles the seizure. For movable property, that means taking actual possession or placing the items under direct control. For land or buildings, the sheriff does not physically occupy the property; instead, a notice of seizure is filed in the parish mortgage records, encumbering the title and blocking any sale or transfer.
The sheriff files a written return with the court describing how the writ was executed, with an inventory of every item seized and the date and time.7Louisiana State Legislature. Louisiana Code of Civil Procedure Art 3504 – Return of Sheriff, Inventory The defendant also receives notice. That paperwork is what the court and the parties rely on if the attachment is later challenged.
If You’re on the Receiving End
A defendant has three practical responses: dissolve the writ, bond the property out, or pursue damages for wrongful attachment. They aren’t mutually exclusive.
Motion to Dissolve
File a contradictory motion to dissolve. The burden shifts entirely to the plaintiff: the court will dissolve the writ unless the plaintiff proves the grounds on which it was issued.8Justia Law. Louisiana Code of Civil Procedure Art 3506 – Dissolution of Writ, Damages The original affidavit is not enough at this stage; the plaintiff has to put on evidence at a hearing. If the writ is dissolved, the underlying lawsuit continues as if the writ had never issued. Dissolution does not resolve the case itself.
Posting a Release Bond
Even when the writ is valid, a defendant doesn’t have to leave assets in the sheriff’s custody while litigation drags on. By posting a security bond guaranteeing satisfaction of any future judgment, the defendant can have the property released.9FindLaw. Louisiana Code of Civil Procedure CIV PROC TIT I Art 3507 – Release of Property by Defendant, Security This matters most for business defendants whose seized equipment or inventory is losing value or preventing operations. The release bond substitutes financial security for the physical seizure; the plaintiff still has protection, and the defendant gets the property back.
Damages for Wrongful Attachment
The court can award damages for a wrongful attachment, either on the motion to dissolve or through a reconventional demand, Louisiana’s term for a counterclaim. Attorney fees the defendant spent fighting the writ are recoverable as part of those damages, whether the writ falls on motion or after a full trial.8Justia Law. Louisiana Code of Civil Procedure Art 3506 – Dissolution of Writ, Damages That’s a real check on misuse. A plaintiff who files carelessly can end up paying the defendant’s legal bills on top of losing the posted security.
No Sale Until Final Judgment
Seized property cannot be sold to satisfy the claim until a final judgment is entered.10Justia Law. Louisiana Code of Civil Procedure Art 3510 – Necessity for Judgment Win the case, and the attached assets are available to satisfy it. Lose, and the attachment is released and the property goes back to the defendant, who may also be entitled to damages. The writ holds assets in place during the litigation; only the judgment authorizes applying them to the debt.