Short answer. Yes, if you refuse to hand it over. The sheriff must first serve you a copy of the order, application, affidavit, and bond, then demand delivery of the property; if concealed property is not delivered on demand, the sheriff may cause the building or enclosure to be broken open and take the property into possession.

What the law says

Upon receiving such order, the sheriff must serve a copy thereof on the adverse party, together with a copy of the application, affidavit and bond, and must forthwith take the property, if it be in the possession of the adverse party, or his agent, and retain it in his custody. If the property or any part thereof be concealed in a building or enclosure, the sheriff must demand its delivery, and if it be not delivered, he must cause the building or enclosure to be broken open and take the property into his possession. After the sheriff has taken possession of the property as herein provided, he must keep it in a secure place and shall be responsible for its delivery to the party entitled thereto upon receiving his fees and necessary expenses for taking and keeping the same.

Rule 60, Section 4 — Duty of the sheriff. Read the full provision →

Service comes before seizure

Rule 60, Section 4 requires the sheriff, upon receiving the replevin order, to first serve a copy of that order — along with the application, affidavit, and bond — on the adverse party. Only after this notice does the section move to actually taking the property, giving the person in possession formal warning of what is happening. This sequencing exists so the adverse party has an opportunity to comply voluntarily and even contest the writ's validity before any physical taking occurs, rather than being confronted with a seizure they had no advance knowledge of or chance to respond to.

A demand is required before forcing entry

When property is concealed in a building or enclosure, the sheriff cannot simply break in immediately. The section requires the sheriff to first demand its delivery. It is only if that delivery is refused that the sheriff is authorized to cause the building or enclosure to be broken open to take the property into possession. This demand requirement gives the person holding the property one last chance to turn it over peacefully, avoiding unnecessary property damage from a forced entry. Only a genuine refusal to deliver — not mere delay in answering or a good-faith dispute promptly raised — triggers the sheriff's authority to break open the building or enclosure.

Ongoing custody obligations after seizure

Once the property is taken, the section imposes continuing duties on the sheriff: keeping it in a secure place and being responsible for delivering it to whichever party is ultimately entitled to it. That delivery, however, is conditioned on the sheriff receiving his fees and necessary expenses for taking and keeping the property. This means the party ultimately entitled to the property — determined by the outcome of the replevin case — cannot get it back for free; the sheriff's lien for fees and expenses attaches first, and only after those are paid does the obligation to deliver the property become due, protecting the sheriff from bearing the cost of custody personally.

Related provisions

Note. Statute text quoted on this page is reproduced from the official enactment and is linked to the full provision. The explanation around it is general legal information from Vivas & Nobles Law Office, not legal advice. Whether it applies to your situation depends on facts only a lawyer reviewing them can assess.