Any receiver of any property appointed by the courts of this Commonwealth may be sued in respect of any act or transaction of his in carrying on the business connected with such property, without the previous leave of the court in which such receiver was appointed; but the institution or pendency of such suit shall not interfere with or delay a sale by trustees under a deed of trust or a decree of sale for foreclosure of any mortgage upon such property.
§ 8.01-597.Suits against receivers in certain cases.
Chapter 22. Receivers, General and Special · Article 2. Special Receivers · Last amended 1977 · Last verified July 16, 2026
In one sentenceThis section lets anyone sue a court-appointed receiver over acts done while operating the receivership property without first obtaining permission from the appointing court, though filing such a suit cannot interfere with or delay a foreclosure sale under a deed of trust or mortgage.
Full Text of § 8.01-597
Plain-English Summary
Receivers operating a business or property can cause harm just like any other operator, and this section makes sure victims are not stuck asking the appointing court's permission before they can sue. Any receiver of property appointed by a Virginia court may be sued over any act or transaction of his in carrying on the business connected with that property, without first obtaining leave of the court that appointed him.
That access to the courts has a limit tied to secured lenders. The institution or pendency of such a suit against the receiver cannot interfere with or delay a sale by trustees under a deed of trust, or a decree of sale foreclosing a mortgage on the property — the receiver's exposure to suit does not become a tool for stalling a lender's foreclosure remedy.
Frequently Asked Questions
Does a plaintiff need the appointing court's permission before suing a receiver?
No, a receiver may be sued in respect of any act or transaction of his in carrying on the business connected with the property, without previous leave of the appointing court.
What kind of conduct can give rise to a suit against a receiver under this section?
Any act or transaction of the receiver in carrying on the business connected with the property under his control.
Can a suit against the receiver delay a foreclosure sale?
No, the institution or pendency of the suit does not interfere with or delay a trustee's sale under a deed of trust or a decree of sale for foreclosure of a mortgage on the property.
Who can be sued under this section?
Any receiver of property appointed by the courts of Virginia.
What happens to a judgment obtained in such a suit?
Section 8.01-598 addresses the effect of a judgment against the receiver obtained under this section.
Amendment History
Code 1950, § 8-741; 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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