(a) Generally. A receiver, except where otherwise prescribed by statute, is entitled to such commissions, not exceeding five per cent upon the sums received and disbursed by him, as the court by which he is appointed allows, but if in any case the commissions, so computed, do not amount to one hundred dollars, the court, may allow the receiver such a sum, not exceeding one hundred dollars, as shall be commensurate with the services he rendered.
§ 8004.Commissions of receivers
Article 80. Fees · Last amended 1963 · Last verified July 21, 2026
In one sentenceCPLR 8004 sets a court-appointed receiver's commission at up to five percent of what the receiver takes in and pays out, guarantees a minimum allowance when that percentage runs too low, and lets the court compensate a receiver even when the receivership ends without funds on hand.
Full Text of CPLR 8004
(b) Allowance where funds depleted. If, at the termination of a receivership, there are no funds in the hands of the receiver, the court, upon application of the receiver, may fix the compensation of the receiver and the fees of his attorney, in accordance with the respective services rendered, and may direct the party who moved for the appointment of the receiver to pay such sums, in addition to the necessary expenditures incurred by the receiver. This subdivision shall not apply to a receiver or his attorney appointed pursuant to article twenty-three-a of the general business law.
Plain-English Summary
A receiver manages property or funds under court order, and subdivision (a) ties that receiver's pay to the volume of money passing through the receivership: a commission of up to five percent of the sums the receiver both receives and disburses, with the exact rate left to the appointing court's discretion. The section also builds in a floor. If five percent of the activity works out to less than one hundred dollars, the court can still award up to one hundred dollars, scaled to the services the receiver rendered, so a receiver handling a small or largely inactive estate is not reduced to a token payment.
Subdivision (b) addresses a harder situation: what happens when a receivership winds down and there is no money left for the receiver to draw a commission from. In that case, the court can still fix reasonable compensation for the receiver and for the receiver's attorney based on the services each performed, and can order the party who moved for the receiver's appointment to pay those amounts along with the receiver's necessary expenses. That provision keeps a receiver from doing real work and walking away unpaid because the estate turned out to be empty. A separate carve-out removes receivers and their attorneys appointed under article twenty-three-a of the General Business Law from this subdivision, since compensation for that category is handled elsewhere.
Frequently Asked Questions
What does CPLR 8004 do?
It sets the commission a court-appointed receiver earns, generally up to five percent of sums received and disbursed, guarantees a minimum allowance when that percentage is too small, and lets the court compensate a receiver even when no funds remain at the end of the receivership.
How much commission can a receiver collect under CPLR 8004?
Up to five percent of the money the receiver receives and disburses, as allowed by the appointing court, though the court is not required to award the full five percent.
What happens if a receiver's commission would come out to less than one hundred dollars?
The court may allow the receiver a sum up to one hundred dollars instead, scaled to the services rendered, rather than leaving the receiver with a commission too small to reflect the work done.
Can a receiver get paid if there is no money left when the receivership ends?
Yes. Under subdivision (b), the court can fix compensation for the receiver and the receiver's attorney based on their services, and direct the party who sought the receiver's appointment to pay those amounts plus necessary expenses.
Does CPLR 8004 apply to every court-appointed receiver?
Subdivision (b) does not apply to a receiver or the receiver's attorney appointed under article twenty-three-a of the General Business Law, whose compensation is governed by a separate provision.
Who decides how much a receiver is paid?
The court that appointed the receiver sets the commission or compensation, working within the percentage cap and minimum allowance the statute describes.
Advisory Committee Notes
Subd (a) of this section is based upon CPA § 1547 with no change in substance. The first sentence of CPA § 804-a is also covered by this subdivision. Subd (b) of this section is based upon CPA § 1547-a with no change in substance.
Amendment History
Add, L 1962, ch 308, § 1, eff Sept 1, 1963.
Source & verification. Provision text, History, and Advisory
Committee Notes are reproduced verbatim from the Consolidated Laws of New York.
Last verified July 21, 2026.
· Official source
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