§ 574.Order Requiring Sheriff Or Marshal to Take Money Or Thing
Title 7. Other Provisional Remedies In Civil Actions · Chapter 6. Deposit in Court · Last amended 1997 · Last verified July 28, 2026
Full Text of § 574
Plain-English Summary
An order to deposit or deliver money or property under this chapter isn't self-enforcing. Section 574 gives the court a backup plan for when a party won't comply.
The court's first response can be to punish the disobedience directly -- through contempt or other sanctions available for disobeying a court order. But punishment alone doesn't get the money or property where it's supposed to go. So the statute lets the court, besides punishing the disobedience, order the sheriff or marshal to take the money or thing from the noncompliant party and deposit or deliver it in conformity with the court's original direction.
This gives real force to orders issued under § 572 and to the deposit process § 573 routes into the court's treasury -- a party can't defeat the deposit requirement just by refusing to hand the asset over.
Frequently Asked Questions
What happens if a party disobeys a court order to deposit money or property?
The court may punish the disobedience and, in addition, order the sheriff or marshal to take the money or thing and deposit or deliver it as the court directed.
Who carries out the physical seizure authorized by § 574?
The sheriff or marshal, acting on the court's order.
Does punishing the disobedience replace the need to get the property deposited?
No, § 574 lets the court do both -- punish the disobedience and order the property taken and deposited.
Amendment History
Amended by Stats. 1996, Ch. 872, Sec. 15. Effective January 1, 1997.