(a) In all cases where a receiver is appointed under the laws of this state to take charge of the assets of any person, firm, or corporation and a fund is brought into court for distribution, the court having jurisdiction thereof shall award to counsel filing the petition and representing the moving creditor or creditors, out of the fund, no greater sum as fees for services rendered in filing the petition and bringing the fund into court than the services are actually worth, taking as a basis therefor the amount represented by the counsel in the original petition and the assets brought into the hands of the receiver by the services of counsel not including the assets turned over to the receiver by defendants under order of the court.
§ 9-8-13.Award of attorneys’ and receivers’ fees; how determined
Chapter 8. Receivers · Last amended 1933 · Last verified July 17, 2026
In one sentenceO.C.G.A. § 9-8-13 directs Georgia courts to award reasonable fees to the petitioning creditor’s attorney based on the value of assets their work brought into a receivership, sets a sliding statutory commission scale for the receiver’s own pay, and lets judges allow reasonable compensation when a receiver keeps a business running.
Full Text of § 9-8-13
(b) In all cases where a receiver is appointed to take charge of the assets of any person, firm, or corporation, the court having jurisdiction thereof shall award to the receiver as full compensation for his services, out of the fund coming into his hands, not more than 8 percent of the first $1,000.00, 4 percent of the excess up to $5,000.00, 3 percent of the amount above $5,000.00 and not exceeding $10,000.00, and 2 percent of all sums over $10,000.00. Where the business of an insolvent person, firm, or corporation is continued and conducted by a receiver, the judge may allow such compensation as may be reasonable for such services in lieu of commissions, not exceeding the compensation paid by persons in the usual and regular conduct of such business.
(c) In all cases, the presiding judge or other competent tribunal shall allow such compensation to the attorney or attorneys filing the original petition and to the receiver or receivers appointed thereunder as their services are reasonably worth.
Plain-English Summary
This section answers a question every receivership eventually raises: who gets paid, and how much? It splits the answer into three parts. First, when a receiver takes charge of assets and a fund lands in court for distribution, the court awards a fee to the attorney who filed the petition and represented the moving creditors — a fee capped at what the services were worth, measured against the amount the petition represented and the assets that attorney’s work brought into the receiver’s hands. Assets defendants hand over under a court order don’t count toward that measure.
Second, the section sets out a commission scale for the receiver’s own pay: 8 percent of the first $1,000 coming into the receiver’s hands, 4 percent of the next amount up to $5,000, 3 percent of the amount between $5,000 and $10,000, and 2 percent of everything above $10,000. If the receiver keeps a failing business running rather than liquidating it, the judge can instead allow reasonable compensation for that work, capped at what the business itself would normally pay someone doing that job.
Third, the section closes with a general instruction: whatever the specific calculation, the presiding judge or other tribunal handling the case must allow compensation to the petitioning attorneys and the receiver that reflects what their services were reasonably worth.
Frequently Asked Questions
What fee does counsel who files the petition receive?
A fee out of the fund, capped at what the services rendered in filing the petition and bringing the fund into court were worth, measured against the amount represented in the original petition and the assets brought in through counsel’s efforts.
Do assets that defendants turn over under a court order count toward counsel’s fee calculation?
No. The section excludes assets turned over to the receiver by defendants under order of the court from that measure.
What commission scale applies to a receiver’s compensation?
Not more than 8 percent of the first $1,000, 4 percent of the excess up to $5,000, 3 percent of the amount above $5,000 and up to $10,000, and 2 percent of all sums over $10,000.
What happens to the receiver’s compensation if the receiver continues operating an insolvent business?
The judge may allow reasonable compensation for that work in lieu of commissions, not exceeding what is usually paid for conducting such a business.
What overall standard governs compensation for both attorneys and receivers under this section?
The presiding judge or other competent tribunal must allow compensation reflecting what the services are reasonably worth.
Amendment History
Ga. L. 1897, p. 55, §§ 1, 2; Ga. L. 1898, p. 86, §§ 1, 2; Civil Code 1910, §§ 5488, 5489; Code 1933, §§ 55-314, 55-315.
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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