When any fund or property is in litigation and the rights of either or both parties cannot otherwise be fully protected or when there is a fund or property having no one to manage it, a receiver of the same may be appointed by the judge of the superior court having jurisdiction thereof.
§ 9-8-1.Appointment of receiver — Grounds generally
Chapter 8. Receivers · Last amended 1933 · Last verified July 17, 2026
In one sentenceO.C.G.A. § 9-8-1 lets a Georgia superior court judge appoint a receiver — a court-supervised custodian — whenever litigation puts a fund or property at risk that no other remedy can fully protect, or when a fund or property exists but has no one left to manage it.
Full Text of § 9-8-1
Plain-English Summary
This section states the basic authority behind every receivership case in Georgia. When a lawsuit puts money or property in dispute, and the parties’ rights can’t be safeguarded by any other means, the judge of the superior court with jurisdiction over the case can step in and appoint a receiver to take charge of it.
The section also covers a second, distinct situation: property or a fund that has no one to run it, even without a fight over who is entitled to it. The statute doesn’t say why a manager might be missing — it states the condition in general terms, leaving the reason open. In both scenarios the remedy is the same: a court-appointed receiver holds and administers the asset until the underlying dispute or vacancy resolves.
Because a receivership takes property out of an owner’s hands and places it under judicial control, this section works as the gateway provision for the rest of the chapter, which spells out how receivers operate, what they owe the court, and how they get paid.
Frequently Asked Questions
Who has the power to appoint a receiver under this section?
The judge of the superior court that has jurisdiction over the fund or property.
What two situations justify appointing a receiver under this section?
A receiver may be appointed when a fund or property is in litigation and the parties’ rights can’t otherwise be fully protected, or when a fund or property has no one to manage it.
Does property being involved in a lawsuit automatically justify a receiver?
No. The section allows appointment only when the parties’ rights cannot otherwise be fully protected, not as a routine step in every case touching property.
Can a receiver be appointed even without a dispute between parties?
Yes. The section separately authorizes appointment for a fund or property that has no one to manage it, regardless of whether that property is caught in a dispute.
Does this section limit receiverships to a particular kind of property?
No. The text refers broadly to “any fund or property,” without restricting the kind of asset a receiver can be appointed over.
Amendment History
Ga. L. 1855-56, p. 219, § 2; Code 1863, § 271; Code 1868, § 265; Code 1873, § 274; Code 1882, § 274; Civil Code 1895, § 4900; Civil Code 1910, § 5475; Code 1933, § 55-301.
Source & verification. Section text and amendment history are
reproduced verbatim from the Official Code of Georgia Annotated, published by the
Official Code of Georgia Annotated, Georgia Code Revision Commission / LexisNexis. Last verified July 17, 2026.
· Official source
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