Where property has been placed in the hands of a receiver, all persons properly seeking to assert equitable remedies against such assets shall become parties to the case by intervention and shall prosecute their remedies therein.
§ 9-8-5.Intervention of persons asserting equitable remedies
Chapter 8. Receivers · Last amended 1933 · Last verified July 17, 2026
In one sentenceO.C.G.A. § 9-8-5 requires that once a Georgia court places property in a receiver’s hands, anyone with a proper equitable claim against those assets join the existing case through intervention and pursue that claim there, rather than filing a separate lawsuit.
Full Text of § 9-8-5
Plain-English Summary
This section channels every equitable claim against receivership property into a single proceeding. Once a receiver holds an asset, a person who wants to assert an equitable remedy against it can’t start a separate case — the statute requires that person to become a party to the pending case by intervention.
That requirement serves the purpose a receivership exists for in the first place: keeping one court in control of the property so it can sort out competing claims in an orderly way. If claimants could sue separately, the receiver — and the property — would face conflicting demands from different courts at once.
The section limits itself to those “properly seeking” equitable remedies, meaning the claim has to be the kind intervention can address; it isn’t an open invitation for every creditor or interested party to insert themselves into the case regardless of the nature of their claim.
Frequently Asked Questions
What must someone do to assert an equitable remedy against property held by a receiver?
Become a party to the case by intervention and prosecute their remedy within that case.
Can a person file a separate lawsuit against property already in a receiver’s hands?
The section directs such persons to intervene in the existing case rather than pursue their remedies elsewhere, so a separate suit runs against the statute’s requirement.
Does this section apply to every kind of claim against receivership property?
It applies to persons properly seeking to assert equitable remedies, so it is tied to equitable claims rather than every possible claim.
What triggers the intervention requirement described in this section?
The requirement applies once property has been placed in the hands of a receiver.
Where must a claimant prosecute their equitable remedy once they intervene?
In the case they intervened in — the section requires prosecution of the remedy there.
Amendment History
Civil Code 1895, § 4903; Civil Code 1910, § 5478; Code 1933, § 55-304.
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
Also known as: intervention receivership case georgiaequitable claims against receiver propertyjoining receiver lawsuit georgiaasserting claim against receivership assets