§ 64.033.Suits by Receiver

One sentence removing an obstacle that would otherwise slow every receivership.

A receiver may bring suits in his official capacity without permission of the appointing court.

The permission requirement it removes was the historic rule. A receiver is the court’s officer, and at common law an officer of the court sought leave before litigating on the court’s behalf.

The practical objection to that is obvious. A receivership frequently involves collecting many debts, and requiring an application before each suit would consume the estate in motion practice.

It also conflicts with the power to collect and compromise demands, which the chapter gives directly — a receiver authorised to settle a claim without leave should not need leave to sue on it.

"In his official capacity" is the operative limit. The receiver sues as receiver, on behalf of the estate, and any recovery belongs to the receivership rather than to the receiver personally.

The section is about suits by the receiver. Suits against a receiver are dealt with separately — and there, too, no permission from the appointing court is required.

The symmetry is deliberate and worth noticing. A receiver may sue without leave, and may be sued without leave, so the receivership is neither shielded from claims nor obstructed in pursuing them.

The court retains control by other means — the accounts, the reports, the discharge, and its general authority over the receiver’s conduct.