With leave of court, the plaintiff may deposit into the registry of the court money which is claimed by the defendants, and which plaintiff admits is due one or more of the defendants. When sums of money due one or more of the defendants accrue from time to time in the hands of the plaintiff after the institution of the proceeding, with leave of court he may deposit the money as it accrues into the registry of the court. After the deposit of money into the registry of the court, the plaintiff is relieved of all liability to all of the defendants for the money so deposited.
Art. 4658.Deposit of Money Into Registry of Court
Book VII. Special Proceedings · Title X. Concursus Proceedings · Chapter 1. Concursus Proceedings · Amendment history unavailable · Last verified July 30, 2026
In one sentenceArticle 4658 lets the plaintiff in a concursus proceeding deposit into the court's registry, with leave of court, money claimed by the defendants that the plaintiff admits is owed to one or more of them, including money that keeps accruing after the suit begins, and relieves the plaintiff of all liability to the defendants for whatever is deposited.
Full Text of Art. 4658
Plain-English Summary
A concursus lets a stakeholder step out from between competing claimants, and Article 4658 supplies the mechanism for doing so with money. With leave of court, the plaintiff may deposit into the court's registry the sum it admits is owed to one or more of the defendants, even without yet knowing which one is entitled to it. The court, not the plaintiff, then holds the disputed fund while the claimants litigate their entitlement to it under Article 4656's contradictory framework.
Some concursus disputes involve money that keeps coming in after the suit is filed, such as royalties or rents due periodically. Article 4658 covers that situation too: with continuing leave of court, the plaintiff can deposit those installments into the registry as they accrue, rather than holding each new payment privately while the underlying dispute plays out.
The payoff for the plaintiff is a clean discharge. Once money is deposited under this article, the plaintiff is relieved of all liability to the defendants for the amount deposited. The fight over who is entitled to that money continues among the claimants, but the plaintiff who started the proceeding is no longer a target of it.
Frequently Asked Questions
How does a concursus plaintiff get out from between competing claimants to a fund?
By depositing the disputed money into the registry of the court under Article 4658, which relieves the plaintiff of all liability to the defendants for the amount deposited.
Does a concursus plaintiff need court permission before depositing disputed funds?
Yes. Article 4658 requires leave of court both for the initial deposit and for depositing money that continues to accrue after the proceeding begins.
Can money that accrues after the concursus is filed also be deposited into the registry?
Yes. Article 4658 allows the plaintiff, with continuing leave of court, to deposit sums as they accrue after the proceeding has been instituted.
Does depositing the disputed money end the plaintiff's liability for it?
Yes. Once deposited under Article 4658, the plaintiff is relieved of all liability to the defendants for the money deposited.
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
Also known as: deposit into registry of court LouisianaArticle 4658 Louisianaconcursus deposit of disputed fundsrelieved of liability concursus proceedingstakeholder deposits money into court