Professional Documents
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Recievership
Recievership
Receiver
An indifferent person between the parties to a cause, appointed by the court to receive and preserve the
property or fund in litigation pendente lite, when it does not seem reasonable to the court that either party
should hold it.
How
1. upon verified application
2. file a bond in an amount to be fixed by the court
3. comply with additional bond required by the court as further security for damages
4. issuance of order appointing the receiver (or denial of application)
5. the receiver shall be sworn to perform faithfully and shall file a bond
6. termination/discharge of receiver
Note:
1. the appellate court may allow an application to be filed in and decided by the court of origin and the
receiver appointed to be subject to the control of said court
2. copy of bond shall be served to interested party who may except to its sufficiency or of the surety or
sureties thereon.
3. Judgment to include recovery against sureties
When
- When the action is pending
- Pendency of appeal
- During the pendency of an appeal,
Purpose of Bond
- Applicant: To pay such party all damages he may sustain in case the applicant shall have procured
such appointment without sufficient cause
- Adverse party: To pay the applicant all damages he may suffer by reason of the acts, omissions, or
other matters
- Receiver: To the effect that he will faithfully discharge his duties in the action or proceeding and obey
the orders of the court
Powers of Receiver
(subject to the control of the court)
1. bring and defend, in such capacity, actions in his own name
2. take and keep possession of the property in controversy
3. receive rents
4. collect debts due to himself as receiver or to the fund, property, estate, person, or corporation of
which he is the receiver
5. compound for and compromise the same
6. make transfers
7. pay outstanding debts
8. divide the money and other property that shall remain among the persons legally entitled to receive
the same
9. generally to do such acts respecting the property as the court may authorize
Note:
Funds in the hands of a receiver may be invested only by
1. order of the court
2. upon the written consent of all the parties to the action
No action may be filed by or against a receiver without leave of the court which appointed him
Liabilities:
1. contempt
2. liable to the receiver for the money or the value of the property
3. damages
Termination of receivership
How:
1. court, motu proprio or on motion of either party
2. court to determine whether the necessity for a receiver no longer exists
3. due notice to all interested parties and hearing
4. settle the accounts of the receiver
5. direct the delivery of the funds and other property in his possession to the person adjudged to be
entitled to receive them
6. order the discharge of the receiver from further duty
Compensation of receiver
The court shall allow the receiver such reasonable compensation as the circumstances of the case warrant, to
be taxed as costs against the defeated party, or apportioned, as justice requires.
The amount, if any, to be awarded to any party upon any bond filed in accordance with the provisions of this
Rule, shall be claimed, ascertained, and granted under the same procedure prescribed in section 20 of Rule
57. (9a)
Claims Against Bond
It shall be filed, ascertained and granted under the same procedure as Section 20, Rule 57, whether it be
1. damages against the applicant’s bond for the unlawful appointment of the receiver or
2. enforcing the liability of the sureties of the receiver’s bond by reason of the receiver’s management
(no need to file a separate action).