§ 64.055.Execution on Judgment

The enforcement route, and it exists because the appointing court might say no.

To obtain payment on a judgment against a receiver, the owner may apply to the court that appointed the receiver for an order that the receiver pay.

That is the ordinary first step, and the preceding section makes the order mandatory.

The section then addresses what happens when it is not made. If the receiver possesses money subject to payment of the judgment but the court refuses to order payment, the owner may apply to the court that issued the judgment for execution.

That is an unusual arrangement. One court is being asked to execute against property administered by another, over the second court’s refusal.

The affidavit is what authorises it, and it must recite three things: that the owner applied to the appointing court; that it was shown to that court that the receiver had money subject to payment at that time; and that the court refused to order payment.

The middle recital is the substantive one. The remedy is not for a refusal grounded in the absence of funds — it is for a refusal where funds existed.

The issuing court shall then issue execution, leviable on any property held by the receiver, with the property sold as under ordinary execution and the sale conveying title to the purchaser.

Property in receivership is otherwise beyond ordinary execution, being in the custody of the court, and this is the narrow exception.

The provision is a check on the appointing court, which is rare in this code and reflects a judgment that a receivership should not be able to shelter behind the court supervising it.