how is a receiver appointed?

Most courts expect that litigants will have attempted other means for enforcement prior to requesting the appointment of a Receiver. Should the appointment of a Receiver be necessary, it is accomplished by filing a motion or a complaint under one of the prescribed statutory provisions.

A Receiver is appointed at a hearing before the court at which time an order is entered. The order of appointment should include the following:

• Name and identifying information of the person or entity under Receivership;

• Assets to be administered under the Receivership; and

• Provision for bond for the Receiver.

The order need not include every consideration or possibility. This would be unduly onerous. Rather, reliance on the judgment or orders of the court, State and Federal law and the Michigan Rules of court will address most issues.