§ 64.052.Suits Against Receiver

Four rules on suing a receiver, and each removes an obstacle.

A receiver who holds property in this state may be sued in his official capacity in a court of competent jurisdiction without permission of the appointing court.

The permission requirement removed here was a substantial barrier historically. A person injured by a receivership had to persuade the appointing court to allow a suit before bringing one — asking the court supervising the receiver for leave to sue the receiver.

Removing it puts a receivership on the same footing as any other defendant, which matches the section allowing a receiver to sue without leave.

A suit may be brought where the person whose property is in receivership resides.

Venue follows the owner rather than the receiver or the appointing court, which keeps a claim in the county where the property and the events usually are.

Citation may be served on the receiver or on any agent of the receiver who resides in the county in which the suit is brought.

Allowing service on a local agent matters for an operating receivership, where the receiver may be elsewhere and the business is run by managers on the ground.

The discharge of a receiver does not abate a suit against the receiver or affect the right of a party to sue.

That is the most consequential of the four. A receivership that ends does not extinguish claims arising from it, and the chapter follows through by making those who received the property liable to the extent of its value.