Court-appointed receivers are a valuable asset to the California court system. Litigants in a variety of legal conflicts may benefit from the appointment of a receiver. But first, parties must determine whether the receivership remedy is appropriate under the circumstances. Because receivers are responsible for carrying out the orders of the court, their role is incredibly valuable to litigants and their attorneys who are worried about uncooperative, absent, or non-compliant parties and stakeholders. It is much more common for a plaintiff to request a receiver than a defendant, but there are times when a defendant may choose to request the appointment of a receiver. Sometimes, neither party requests a receiver, but the judge appoints one anyway.
Partition referees play an important role in California’s real estate industry. However, not everyone knows what the partition remedy is or how it works. Understanding this useful tool is the first step in utilizing it effectively to solve conflicts and protect client assets.
A receiver is a court appointee who temporarily takes control of a property or company to stabilize it. Under the court’s authority, the receiver can be empowered to operate a business, investigate violations, negotiate terms, pursue remedies, sell assets, satisfy debts, and more.
It’s unfortunate but true: conflicts arise constantly over property, especially real estate. This conflict could take place between a couple who is divorcing, co-owners of a failing business, siblings having to deal with a joint inheritance of real property, or any other group of people who have legal claims to the same property. In these circumstances, a court may choose to appoint a partition referee to manage the sale and distribution of funds.
After a judgment is issued, it can be a challenge to enforce that judgment. Too often, losing parties attempt to avoid payment of a civil judgment. A court-appointed receiver is one of the best tools that you have at your disposal when you or someone you represent is owed money on a judgment from an uncooperative party. Receivers can enforce assignment orders to take over certain rights of judgment debtors so that the judgment creditors can get what they are owed.
Do you have concerns about a property in your neighborhood that seems to be deteriorating? Are you a city official who is trying to address dangerous properties in your town? Or perhaps you are an attorney representing a community that is trying to take care of distressed properties. There are clear signs that a property may be considered “distressed,” and there are many stakeholders who are concerned about these properties. If you are one of those concerned parties, this article will help you recognize the signs of a distressed property and how to address them.