§ 9-8-10.Receiver’s bond
Chapter 8. Receivers · Last amended 1933 · Last verified July 17, 2026
Full Text of § 9-8-10
Plain-English Summary
This section gives the appointing judge a tool for protecting the property a receiver controls: a bond. The judge decides, case by case, whether to require one, conditioned on the receiver faithfully carrying out the trust reposed in him. If something goes wrong — mismanagement, misappropriation, a breach of duty — the bond stands as security that the people harmed can reach.
When the judge does require a bond, the statute puts two decisions in the judge’s hands: setting the bond amount and determining whether the security behind it is sufficient. Separately, and regardless of whether the judge required a bond at all, the judge also regulates what the receiver gets paid for the job — a duty the statute states on its own, not tied to the bond requirement.
Because the bond requirement is discretionary rather than automatic, not every receivership will involve one — but the judge’s duty to regulate the receiver’s compensation applies whether or not a bond was ever required.
Frequently Asked Questions
Is a receiver always required to post a bond?
No. The judge has discretion to decide whether to require a bond.
What is the bond supposed to guarantee?
The bond is conditioned for the faithful discharge of the trust reposed in the receiver.
Who sets the amount of the bond?
The judge fixes the amount of the bond when one is required.
Who decides whether the bond’s security is adequate?
The judge determines the sufficiency of the security.
Does this section address the receiver’s pay as well as the bond?
Yes. The judge also regulates the compensation paid to the receiver.
Amendment History
Orig. Code 1863, § 274; Code 1868, § 268; Code 1873, § 277; Code 1882, § 277; Civil Code 1895, § 4907; Civil Code 1910, § 5482; Code 1933, § 55-308.