Rule 3127.Right of sheriff to break and enter.
Adopted March 30, 1960 · Last amended March 30, 1960 · Last verified June 30, 2026
Full Text of Rule 3127
Plain-English Summary
A levy is worth little if the sheriff cannot reach the goods. This rule authorizes the sheriff, once a levy or attachment is in place, to enter the place or building holding the property.
Entry may be peaceable or by force, and it is for the purpose of taking manual possession or selling what was levied on or attached. The rule adds that the plaintiff need not post a bond to have the sheriff act.
Frequently Asked Questions
Can the sheriff break into a building to seize property?
Yes, after a levy or attachment the sheriff may enter peaceably or by breaking in by force to take possession of or sell the property.
Does the plaintiff have to post a bond first?
No. The rule states that no bond is required of the plaintiff by the sheriff.
Official Note
Official Note: Adopted March 30, 1960, effective November 1, 1960.