Art. 3511 Attachment and sequestration; privilege

When a creditor uses a court order to seize property before a case is fully decided (this is called attachment or sequestration), that seizure can give the creditor a special legal claim on the property. This special claim is called a privilege, and it means the creditor may get paid from that property before other creditors if they win their case.

The privilege starts from the moment the property is actually seized, not from when the lawsuit began or when the final judgment is issued. However, the creditor only keeps this privilege if the court later rules in their favor and confirms that the attachment or sequestration was proper.

This rule mainly matters when a debtor might try to hide, sell, or move property to avoid paying what they owe. By seizing the property early, the creditor protects their ability to collect money later. But this rule only applies when other laws, specifically Louisiana's commercial law rules on secured transactions, don't already cover the situation.