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§ 8.01-593.Subsequent proceedings after emergency appointment.

Chapter 22. Receivers, General and Special · Article 2. Special Receivers · Last amended 1977 · Last verified July 16, 2026

In one sentenceThis section limits an emergency receivership to thirty days unless extended after a de novo hearing on notice to interested parties, requires the receiver to file an accounting once his authority lapses, and specifies the statutory service methods for residents and nonresidents alike.

Full Text of § 8.01-593

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Such emergency appointment shall be limited to a period of not longer than thirty days, during which period notice shall be given by the applicant to all parties having a substantial interest, either as owner of or lienor in the subject matter, of any motion to extend such receivership; and upon the hearing on such motion, the court shall hear the matter de novo, and shall discharge such receiver, or shall appoint the same receiver, or other receivers to act with him, or new receivers as to the court may seem right. Unless such receivership shall be so extended, all the rights and powers of such emergency receiver over the subject matter, at the end of such period for which he shall have been appointed, shall cease and determine, and such receiver shall forthwith file with such court an account of his dealing with such estate. The notices required to be given under this section and §§ 8.01-591 and 8.01-592 shall be served, as to residents of this Commonwealth, in any of the modes prescribed by § 8.01-296, and as to nonresidents of this Commonwealth, or persons unknown, or in any case in which the number of persons to be given notice exceeds thirty, in the manner prescribed by § 8.01-319.

Plain-English Summary

An emergency receivership under § 8.01-592 is not an open-ended arrangement. This section caps it at thirty days. Within that window, the applicant must give notice to everyone with a substantial interest — as owner or lienor — of any motion to extend the receivership beyond that period.

When that extension motion is heard, the court starts fresh: it hears the matter de novo and may discharge the emergency receiver, reappoint the same receiver, add other receivers to act alongside him, or appoint entirely new receivers as seems right. If the receivership is not extended, the emergency receiver's rights and powers over the property end automatically at the close of the thirty-day period, and he must promptly file with the court an account of his dealings with the estate.

The section also pins down how notice must be served: for residents of Virginia, in any of the modes § 8.01-296 prescribes; for nonresidents, persons unknown, or cases where more than thirty people must be notified, in the manner § 8.01-319 prescribes instead.

Frequently Asked Questions

How long can an emergency receivership last without being extended?

Not longer than thirty days.

What must happen before the receivership can be extended past thirty days?

The applicant must give notice to all parties having a substantial interest, as owner or lienor, of the motion to extend, and the court must hold a hearing on that motion.

What can the court do at the extension hearing?

Hear the matter de novo and discharge the receiver, reappoint the same receiver, appoint other receivers to act with him, or appoint new receivers, as seems right.

What must the receiver do if the receivership is not extended?

Forthwith file with the court an account of his dealings with the estate, since his rights and powers over the subject matter cease at the end of the appointment period.

How must notice be served on nonresidents or when more than thirty people must be notified?

In the manner prescribed by § 8.01-319, rather than the § 8.01-296 methods used for Virginia residents.

Amendment History

Code 1950, § 8-737; 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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