§ 25-1573.Discovery of property of debtor; appointment of receiver; transfer of nonexempt property; power of court to prevent.
Article 15: Execution, Exemptions, and Foreign Judgments · Not amended since original codification · Last verified July 22, 2026
Full Text of § 25-1573
Source
R.S.1867, Code § 542, p. 489; R.S.1913, § 8121; C.S.1922, § 9057; C.S.1929, § 20-1575; R.S.1943, § 25-1573.
Plain-English Summary
Section 25-1573 gives the judge two more tools once a debtor-property proceeding is underway. First, the judge can appoint the sheriff of the proper county, or another suitable person, as a receiver of the judgment debtor’s property, with the same authority a receiver appointed directly by the court would have. A receiver takes custody of property and manages or preserves it under the court’s supervision, which can be useful when property needs active oversight rather than a one-time order applying it to the judgment.
Second, and separately, the judge can forbid the debtor from transferring or otherwise disposing of non-exempt property, and can forbid any interference with that property. This freezing power protects the assets identified during the examination from disappearing before they can be applied to the judgment, whether through a sale, a gift, a transfer to a relative, or any other maneuver.
Frequently Asked Questions
Who can the judge appoint as receiver of the debtor’s property?
The sheriff of the proper county, or another suitable person, with the same authority as if the court itself had made the appointment.
What can the judge do to stop the debtor from moving assets during the proceeding?
Forbid a transfer or other disposition of the debtor’s non-exempt property, and forbid any interference with that property.
Are the receivership power and the transfer-prohibition power the same thing?
No. The statute treats them as two separate authorities: one appoints someone to take custody of property, the other bars the debtor from transferring or interfering with it.
Does this power to forbid transfers apply to exempt property?
No. The statute limits the prohibition to property of the judgment debtor that is not exempt by law.
What happens if a receiver is appointed and later mishandles the property?
Section 25-1574 addresses liability: the sheriff and sureties are liable on the sheriff’s official bond if the sheriff serves as receiver, and any other person appointed receiver must give a written undertaking with sureties and take an oath before acting.