§ 9-8-3.Appointment of receiver — To hold assets liable for debt; appointment without notice; terms
Chapter 8. Receivers · Last amended 1933 · Last verified July 17, 2026
Full Text of § 9-8-3
Plain-English Summary
This section extends receivership to assets charged with the payment of debts — property or funds that stand liable to satisfy what’s owed, whether or not any formal pledge or mortgage backs that liability. When those assets face manifest danger of loss, destruction, or material injury to the people who have a stake in them, a court sitting in equity can appoint a receiver to take possession and hold the assets under the court’s direction until the debt dispute is resolved.
What sets this section apart is its allowance for surprise appointments. Ordinarily, the person holding the assets — a trustee or other custodian — would get notice before a court disturbs their control. Under extraordinary circumstances, though, the court can appoint a receiver first and notify that person afterward, a tool aimed at situations where advance warning would let someone move, hide, or drain the assets the receivership is meant to preserve.
The section leaves the specific terms of any appointment — how the receiver operates, what conditions attach — to the discretion of the court, giving judges room to tailor the receivership to the facts of each case.
Frequently Asked Questions
What kind of property does this section cover?
Assets charged with the payment of debts — property or funds that stand liable to satisfy what’s owed, whether or not a formal pledge or mortgage exists.
What standard must be met before a court appoints a receiver over debt-secured assets?
There must be manifest danger of loss, destruction, or material injury to the people interested in the assets.
Can a receiver be appointed without telling the person holding the assets first?
Yes, but only under extraordinary circumstances — the section allows appointment before and without notice to the trustee or other person in charge of the assets in that situation.
Who decides the terms on which the receiver is appointed?
The court has discretion to set the terms of the appointment.
Under whose direction does the receiver hold the assets once appointed?
The receiver holds the assets subject to the direction of the court.
Amendment History
Orig. Code 1863, § 3080; Code 1868, § 3092; Code 1873, § 3149; Code 1882, § 3149; Civil Code 1895, § 4904; Civil Code 1910, § 5479; Code 1933, § 55-305.