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Rule 67.02.Court may order deposit or seizure of property.

Current through June 18, 2026 · Last verified July 9, 2026

In one sentenceKentucky lets a court order money or property that a party admits holding in trust or on behalf of someone else deposited in court or delivered to the rightful party, backed by contempt sanctions and sheriff enforcement if the order is disobeyed.

Full Text of Rule 67.02

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When it is admitted by the pleading or examination of a party that he has in his possession or control any money or other thing capable of delivery which being the subject of the litigation, is held by him as trustee for another party, or which belongs or is due to another party, the court may order the same to be deposited in court or delivered to such other party, with or without security, subject to further direction. If such order is disobeyed, the court may punish the disobedience as a contempt, and may also require the sheriff or other proper officer to take the money or property and deposit or deliver it in accordance with the direction given. Money paid into court under this rule shall be deposited in an interest-bearing account or invested in an interest-bearing instrument approved by the court. At the conclusion of the action, the interest accruing on any such account or instrument shall be paid to the person to whom the principal amount of the account is paid.

Amendment History

(Amended June 30, 1986, effective January 1, 1987; amended August 6, 1990, effective September 15, 1990.)

Plain-English Summary

This rule covers a different situation from a voluntary deposit: a party admits, either in the pleadings or under examination, that it holds money or some other deliverable thing that is part of the lawsuit as trustee for another party, or that belongs or is due to another party. Once that admission is on the record, the court can order the money or property deposited in court or delivered straight to the other party, with or without requiring security, subject to whatever further direction the court gives.

Disobeying that order carries teeth. The court can punish disobedience as contempt, and it can also direct the sheriff or another proper officer to take the money or property and deposit or deliver it exactly as the court ordered.

As with a voluntary deposit, money paid into court under this rule must go into an interest-bearing account or an interest-bearing instrument the court approves, and the interest that accrues goes to whoever receives the principal when the case ends.

Frequently Asked Questions

What happens if I admit in court papers that I hold money belonging to someone else?

If a party admits in the pleadings or during examination that it holds money or other deliverable property as trustee for another party, or that it belongs or is due to another party, the court can order that money or property deposited in court or delivered to that other party.

Can a Kentucky court order property delivered to another party before the case is over?

Yes. Once a party has admitted holding money or property for another party's benefit, the court can order it deposited in court or delivered to that other party, with or without security, subject to further direction from the court.

What if someone refuses to obey a court order to deposit or hand over money?

Disobeying an order to deposit or deliver money or property under this rule can be punished as contempt. The court can also direct the sheriff or another proper officer to take the money or property and deposit or deliver it as ordered.

Source & verification. The rule text is reproduced verbatim from the official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 67.02). Prescribed by the Supreme Court of Kentucky (Ky. Const. § 116). The plain-English summary is original and written by us. Last verified July 9, 2026. · Official source
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