§ 514.030.Duty of Levying Officer After Taking Possession
Title 7. Other Provisional Remedies In Civil Actions · Chapter 2. Claim and Delivery of Personal Property · Article 4. Levy and Custody · Last amended 1982 · Last verified July 28, 2026
Full Text of § 514.030
Plain-English Summary
Once the levying officer has possession, the property doesn't just sit there indefinitely — this section sets the clock for what happens next. If ten days pass after levy without notice of a filed redelivery undertaking or an objection to the plaintiff's undertaking, the officer delivers the property to the plaintiff, once the plaintiff pays the officer's fees and expenses for taking and keeping it.
If the defendant does file a redelivery undertaking within that ten-day window and nobody objects to it, the officer redelivers the property to the defendant once the objection period expires, on payment of any fees and expenses not already covered by the plaintiff. If either the plaintiff's undertaking is objected to, or the defendant's redelivery undertaking is filed and then objected to, the officer holds the property until the court resolves the dispute under § 515.030.
Subdivision (b) gives the court a separate escape valve for property that won't wait: where no redelivery undertaking has been filed and no contract addresses the situation, the court may order the property sold — if it's perishable, will greatly deteriorate or depreciate, or the parties' interests are otherwise best served that way — with the proceeds deposited with the court to abide the judgment.
Frequently Asked Questions
How long does the levying officer wait before delivering seized property to the plaintiff?
Ten days after levy, unless notice of a redelivery undertaking or an objection to the plaintiff's undertaking is received within that window.
What happens if the defendant files a redelivery undertaking that isn't objected to?
The officer redelivers the property to the defendant once the objection period expires, upon payment of the fees and expenses for taking and keeping it.
What if the property is perishable and no undertaking has been filed?
Section 514.030(b) lets the court order the property sold and the proceeds deposited with the court pending judgment.
What happens if someone objects to an undertaking?
The levying officer holds the property until the dispute is resolved under § 515.030's procedure.
Amendment History
Amended by Stats. 1982, Ch. 517, Sec. 119.