Section 8.01-591 shall not apply to those cases in which an emergency exists and it is necessary that a receiver be immediately appointed to preserve the subject matter. In such emergency cases a receiver may be appointed and the order of appointment shall state the emergency and necessity for immediate action, and shall require bond in proper amount of the applicant or someone for him with sufficient surety conditioned to protect and save harmless the owners, lienors and creditors, lien or general, in the subject matter taken over by the receiver, from all damages and injury properly and naturally flowing from such emergency appointment of a receiver.
§ 8.01-592.Notice not required in emergencies.
Chapter 22. Receivers, General and Special · Article 2. Special Receivers · Last amended 1977 · Last verified July 16, 2026
In one sentenceThis section excuses the advance-notice requirement when an emergency demands an immediate receiver to preserve property, but conditions the emergency appointment on an order reciting the necessity and a bond protecting owners, lienors, and creditors from harm caused by the appointment.
Full Text of § 8.01-592
Plain-English Summary
The notice-and-hearing process § 8.01-591 requires takes time a court does not always have. This section supplies the exception: when an emergency exists and a receiver must be appointed immediately to preserve the subject matter, § 8.01-591 does not apply.
Skipping notice does not mean skipping safeguards. The order appointing an emergency receiver must state the emergency and the necessity for immediate action, so the record itself justifies the shortcut. And the applicant, or someone on his behalf, must post a bond with sufficient surety, conditioned to protect and hold harmless the owners, lienors, and creditors — lien or general — in the property the receiver takes over, against damages naturally flowing from the emergency appointment.
The bond functions as the substitute for the notice these owners and lienors would otherwise have received: they cannot object beforehand, but they have a financial backstop if the emergency appointment harms their interests.
Frequently Asked Questions
When can a court appoint a receiver without the notice § 8.01-591 otherwise requires?
When an emergency exists and it is necessary that a receiver be immediately appointed to preserve the subject matter.
What must the order appointing an emergency receiver state?
The emergency and the necessity for immediate action.
What must the applicant provide for an emergency receivership?
Bond in a proper amount, with sufficient surety.
What is the bond in an emergency appointment meant to protect against?
Damages and injury properly and naturally flowing from the emergency appointment of a receiver, protecting the owners, lienors, and creditors — lien or general — in the property.
Is an emergency receivership permanent once granted?
No, § 8.01-593 limits it to a period of not longer than thirty days unless extended by the court.
Amendment History
Code 1950, § 8-736; 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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