§ 9-8-4.Caution to be exercised in appointing receiver
Chapter 8. Receivers · Last amended 1933 · Last verified July 17, 2026
Full Text of § 9-8-4
Plain-English Summary
This section works as a check on the appointment power described elsewhere in the chapter. Placing property under a receiver strips an owner of control over it — a step Georgia law treats as serious enough to demand restraint from the bench.
The standard the section sets is narrow: courts should turn to receivership only in clear and urgent cases. That phrasing signals that doubtful or borderline situations shouldn’t result in a receiver’s appointment, and that the remedy is meant for circumstances where the need is evident and the timing pressing, not as a first response to any dispute touching property.
In practice, this caution provision gives a party opposing receivership language to argue that a case doesn’t meet the high bar the statute sets, even when one of the grounds for appointment described earlier in this chapter might technically apply.
Frequently Asked Questions
What standard does this section set for appointing a receiver?
It directs that the power be prudently and cautiously exercised and, except in clear and urgent cases, not resorted to.
Does this section create a new ground for appointing a receiver?
No. It doesn’t add a ground for appointment — it limits how readily courts should use the grounds already available.
Does the section explain why Georgia law builds in this caution?
No. The text does not state a reason; it sets the standard that appointment be reserved for clear and urgent cases.
Does the section apply to a particular type of receivership, such as trust property or debt assets?
No. The section refers broadly to the power of appointing receivers, without limiting itself to any single category of case.
What kind of case satisfies the section’s standard?
The section requires a clear and urgent case before a receiver should be appointed.
Amendment History
Civil Code 1895, § 4902; Civil Code 1910, § 5477; Code 1933, § 55-303.