2005 Idaho Code - 8-601 — GROUNDS FOR APPOINTMENT

                                   TITLE  8
                    PROVISIONAL REMEDIES IN CIVIL ACTIONS
                                  CHAPTER 6
                                  RECEIVERS
    8-601.  GROUNDS FOR APPOINTMENT. A receiver may be appointed by the court
in which an action is pending or has passed to judgment, or by the judge
thereof:
    1.  In an action by a vendor to vacate a fraudulent purchase of property,
or by a creditor to subject any property or fund to his claim, or between
partners or others jointly owning or jointly interested in any property or
fund, on the application of the plaintiff or of any party whose right to, or
interest in, the property, or fund, or the proceeds thereof, is probable, and
where it is shown that the property or fund is in danger of being lost,
removed or materially injured.
    2.  In an action by a mortgagee for the foreclosure of his mortgage and
sale of the mortgaged property, where it appears that the mortgaged property
is in danger of being lost, removed or materially injured, or that the
condition of the mortgage has not been performed, and that the property is
probably insufficient to discharge the mortgage debt.
    3.  After judgment to carry the judgment into effect.
    4.  After judgment to dispose of the property according to the judgment,
or to preserve it during the pendency of an appeal, or in proceedings in aid
of execution, when an execution has been returned unsatisfied, or when the
judgment debtor refuses to apply his property in satisfaction of the judgment.
    5.  In the case where a corporation has been dissolved, or is insolvent,
or in imminent danger of insolvency, or has forfeited its corporate rights.
    5-A.  A receiver for an irrigation district may be appointed in an action
brought by bondholders or other creditors, water users, and/or land owners of
such irrigation district, where it is made to appear to the satisfaction of
the court that such irrigation district has failed to elect its officers, or
such officers have failed to qualify or are not acting, or such district has
ceased to function, or has been abandoned, or is insolvent, or is in imminent
danger of insolvency, or is being grossly mismanaged, or has been or ought to
be dissolved, and there are rights or properties of such irrigation district
which are threatened to become lost or dissipated, that should be preserved
for the benefit of its creditors or other parties of interest in such
irrigation district.
    6.  In all other cases where receivers have heretofore been appointed by
the usages of courts of equity.

Disclaimer: These codes may not be the most recent version. Idaho may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.