The receiver has, under the control of the Court, power to bring and defend actions in his own name, as receiver; to take and keep possession of the property, to receive rents, collect debts, to compound for and compromise the same, to make transfers, and generally to do such acts respecting the property as the Court may authorize.
§ 568.Powers
Title 7. Other Provisional Remedies In Civil Actions · Chapter 5. Receivers · Enacted 1872 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 568 grants a receiver, subject to the court's control, the power to sue and be sued in the receiver's own name, take and keep possession of property, collect rents and debts, compromise claims, transfer property, and otherwise do whatever the court authorizes regarding the receivership property.
Full Text of § 568
Plain-English Summary
Section 568 is the source of a receiver's day-to-day authority. Everything the receiver does traces back to this one sentence: the receiver may bring and defend lawsuits in the receiver's own name, take possession of the property, collect rents and debts, settle and compromise them, transfer property, and generally act as the court authorizes.
That list looks broad, and it is -- but it's bounded by the opening phrase, "under the control of the Court." A receiver doesn't run the property as an owner would. Every significant step, especially anything beyond routine collection and preservation, typically needs court authorization first, whether through the original appointment order or a later order under § 568.3.
This is also the section that lets a receiver sue in the receiver's own name rather than the name of the party the receiver was appointed to protect -- useful when the receiver needs to chase down debts owed to the receivership estate or defend property against a competing claim.
Frequently Asked Questions
Can a receiver sue and be sued in the receiver's own name?
Yes, § 568 gives the receiver that power, under the control of the court.
Does a receiver have unlimited authority over the receivership property?
No. Every power § 568 lists is exercised under the control of the court, not at the receiver's own discretion.
Can a receiver settle or compromise debts owed to the receivership estate?
Yes, compounding for and compromising debts is among the powers § 568 grants.
Where does a receiver's authority to sell property come from?
Court authorization under § 568, carried out through the specific notice-and-confirmation procedure set out in § 568.5.
Amendment History
Enacted 1872.
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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