Appointing a receiver over a judgment debtor’s business.
Esshaki Legal Media TeamCurrent as of October 2025
Where a debtor has an operating business but no reachable liquid assets, a
receiver may be appointed to collect and apply its income.
Grounds. Available post-judgment in most states where legal remedies are
inadequate — where assets are being concealed or dissipated, where the debtor’s
property produces income, or where the property requires management to preserve
value.
Powers. Defined by the order: to take possession, to operate, to collect
receivables, to sell property with court approval, and to investigate transfers.
Advantages over garnishment. Continuous rather than episodic; reaches
income as it is generated; and the receiver’s investigative powers frequently
uncover transfers.
Costs paid from the receivership property with priority, which is the
principal argument against appointment where the assets are modest.
Charging orders for interests in partnerships and limited liability
companies, which in many states are the exclusive remedy and produce
distributions rather than control.
Turnover orders as a lighter alternative, directing the debtor to deliver
specific property, enforced by contempt.
Practical assessment. Receivership is appropriate where the business has
real value and the debtor is uncooperative. Where the business is the debtor’s
livelihood, the threat frequently produces a payment arrangement.