Minnesota Statutes 576.39 – Actions by or Against Receiver or Relating to Receivership Property
Subdivision 1.Actions by or against receiver.
The receiver may sue in the receiver’s capacity and, subject to other sections of this chapter and all immunities provided at common law, may be sued in that capacity.
Subd. 2.Venue.
Terms Used In Minnesota Statutes 576.39
- Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
- Lien: A claim against real or personal property in satisfaction of a debt.
- Venue: The geographical location in which a case is tried.
Terms Used In Minnesota Statutes 576.39
- Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
- Lien: A claim against real or personal property in satisfaction of a debt.
- Venue: The geographical location in which a case is tried.
Unless applicable law requires otherwise or the court orders otherwise, an action by or against the receiver or relating to the receivership or receivership property shall be commenced in the court and assigned to the judge before whom the receivership is pending.
Subd. 3.Joinder.
Subject to section 576.42, a limited or general receiver may be joined or substituted as a party in any action or other proceeding that relates to receivership property that was pending at the time of appointment. Subject to other sections of this chapter, a general receiver may be joined or substituted as a party in any action or other proceeding that was pending at the time of appointment in which the respondent is a party. Pending actions may be transferred to the court upon the receiver’s motion for change of venue made in the court in which the action is pending.
Subd. 4.Effect of judgments.
A judgment entered subsequent to the time of appointment against a receiver or the respondent shall not constitute a lien on receivership property, nor shall any execution issue thereon. Upon submission of a certified copy of the judgment in accordance with section 576.49, the amount of the judgment shall be treated as an allowed claim in a general receivership. A judgment against a limited receiver shall have the same effect as a judgment against the respondent, except that the judgment shall be enforceable against receivership property only to the extent ordered by the court.