Short answer. Yes. The court may appoint a receiver of the judgment obligor's property, and may also forbid any transfer, other disposition of, or interference with the property that is not exempt from execution, protecting it while the judgment is enforced. These two tools may be used together or separately, whichever the situation calls for.
What the law says
The court may appoint a receiver of the property of the judgment obligor; and it may also forbid a transfer or other disposition of, or any interference with, the property of the judgment obligor not exempt from execution.
Rule 39, Section 41 — Appointment of receiver. Read the full provision →
Appointing a receiver
Under Section 41, the court may appoint a receiver over the property of the judgment obligor, giving someone answerable to the court direct oversight of that property while enforcement of the judgment is ongoing, rather than leaving it entirely in the obligor's own hands. The receiver then answers to the court directly, rather than to either the obligor or the obligee, while managing or preserving the property in question. This authority binds the receiver to the court's own directives, not the obligor's wishes; a receiver who takes instructions from the obligor instead of the court can be removed and held accountable for any loss the estate or property suffers as a result.
Forbidding transfers or interference
Alongside, or instead of, appointing a receiver, the court may also forbid any transfer or other disposition of, or any interference with, the judgment obligor's property, as long as that property is not exempt from execution. This gives the court a direct tool to freeze the situation while the judgment is being enforced. A violation of that prohibition can expose the disobedient party to contempt, giving the order real force beyond a mere request. This prohibition binds the judgment obligor directly and anyone who knowingly deals with the obligor in violation of it; a third party who acquires property with actual knowledge of the court's order does not automatically take it free of the judgment simply by claiming to be an innocent purchaser.
Why a receiver instead of a direct levy, and the exemption limit
A receiver is particularly useful where the property in question is not straightforward to seize directly, such as an ongoing business interest or a stream of receivables that needs active management rather than simple seizure. Whichever tool is used, the court's authority under this section only reaches property that is not exempt from execution, the same boundary that limits the other execution remedies under the Rule. Property already exempt from execution stays entirely outside the reach of either remedy, receivership included.
Related provisions
- Rule 39, Section 41 — Appointment of receiver
- Rule 39, Section 40 — Order for application of property and income to satisfaction of judgment
- Rule 39, Section 42 — Sale of ascertainable interest of judgment obligor in real estate