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§ 568.5.Sale of Property

Title 7. Other Provisional Remedies In Civil Actions · Chapter 5. Receivers · Last amended 1983 · Last verified July 28, 2026

In one sentenceSection 568.5 authorizes a receiver, under court order, to sell real or personal property in the receiver's possession following the notice and procedure set out for judgment-enforcement sales, with the sale not becoming final until the court confirms it.

Full Text of § 568.5

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A receiver may, pursuant to an order of the court, sell real or personal property in the receiver's possession upon the notice and in the manner prescribed by Article 6 (commencing with Section 701.510) of Chapter 3 of Division 2 of Title 9. The sale is not final until confirmed by the court.

Plain-English Summary

Sometimes preserving property means selling it -- before it deteriorates further, or because holding onto it no longer serves anyone's interest. Section 568.5 lets a receiver do that, but only pursuant to an order of the court and only by following the notice-and-sale procedure Article 6 (commencing with § 701.510) of Chapter 3 of Division 2 of Title 9 already sets out for enforcing money judgments.

Borrowing that procedure means the sale has to follow established rules for notice to interested parties, timing, and manner of sale -- the same framework used when a judgment creditor forces a sale to satisfy a judgment. The receiver isn't inventing a new sale process; the receiver is using one that already has built-in safeguards.

Even after the sale happens, it isn't final. The court has to confirm it. That confirmation step gives the court one more check on the price and process before the property changes hands for good.

Frequently Asked Questions

Can a receiver sell property without a court order?

No, § 568.5 requires the sale to be made pursuant to an order of the court.

What procedure governs the way a receiver sells property?

The notice and manner prescribed by Article 6 (commencing with § 701.510) of Chapter 3 of Division 2 of Title 9, the same procedure used for judgment-enforcement sales.

Is the sale final as soon as it's conducted?

No, the sale is not final until confirmed by the court.

Amendment History

Amended by Stats. 1982, Ch. 497, Sec. 35. Operative July 1, 1983, by Sec. 185 of Ch. 497.

Source & verification. Section text is reproduced verbatim from the Deering's California Codes Annotated / vLex. Enacted by the California Legislature. Last verified July 28, 2026. · Official source
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