Whenever the pleadings in any suit make out a proper case for the appointment of a receiver and application is made therefor to any court, such court shall designate the time and place for hearing such application, and shall require reasonable notice thereof to be given to the defendant and to all other parties having a substantial interest, either as owners of or lienors of record and lienors known to the plaintiff, in the subject matter. The court to whom such application is made shall inquire particularly of the applicant as to the parties so substantially interested in the subject matter, and such applicant, for any intentional or wilful failure to disclose fully all material information relating to such inquiry, may be adjudged in contempt of court.
§ 8.01-591.Notice required prior to appointment of receiver.
Chapter 22. Receivers, General and Special · Article 2. Special Receivers · Last amended 1977 · Last verified July 16, 2026
In one sentenceThis section requires a court considering a receiver appointment to set a hearing and give reasonable notice to the defendant and everyone with a recorded or known ownership or lien interest in the property, and threatens contempt against an applicant who willfully withholds information about those interested parties.
Full Text of § 8.01-591
Plain-English Summary
Appointing a receiver can strip a defendant of control over property before the case is finally decided, so this section requires the court to slow down and give interested parties a chance to be heard first. Whenever the pleadings in a suit make out a proper case for a receiver and someone applies for one, the court must designate a time and place for a hearing on that application.
Reasonable notice of that hearing must reach the defendant and every other party with a substantial interest in the property — whether as an owner or lienor of record, or a lienor the plaintiff already knows about. The court does not take the applicant's word for who those interested parties are; it must inquire particularly into the matter.
That inquiry has real consequences. An applicant who intentionally or willfully fails to disclose material information about the substantially interested parties risks being held in contempt of court — a pointed deterrent against quietly leaving an interested party out of the loop.
Frequently Asked Questions
Who must receive notice before a receiver is appointed under this section?
The defendant and all other parties having a substantial interest, either as owners of record, lienors of record, or lienors known to the plaintiff, in the subject matter.
What must the court do once an application for a receiver is made?
Designate the time and place for hearing the application and require reasonable notice of it, and inquire particularly of the applicant as to the substantially interested parties.
What happens if the applicant hides interested parties from the court?
The applicant may be adjudged in contempt of court for an intentional or willful failure to disclose fully all material information relating to the court's inquiry.
Does this notice requirement apply in every case seeking a receiver?
It applies whenever the pleadings make out a proper case for the appointment of a receiver and application is made to the court.
Does this section apply when there is an emergency?
No, § 8.01-592 provides that this notice requirement does not apply to cases where an emergency exists.
Amendment History
Code 1950, § 8-735; 1977, c. 617.
Source & verification. Section text and amendment history are
reproduced verbatim from the Code of Virginia, published by the
Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026.
· Official source
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