MCF No.

59
Verified Application for Appointment of
Receiver

Original Court, 1st Copy Plaintiff, 2nd Copy Defendant, Other copies as needed
Enter information in block letters in all parts of the Form except when reserved for Court
use, which shall be completed by the Clerk.
For Court Use Only
(Judicial Region)

(Municipality/City/Province)

METC/MTCC/MTC/MCTC
RTC

BRANCH
Case No.
Plaintiff/
Petitioner , v.
Defendant/
Respondent

COUNSEL OR PARTY WITHOUT COUNSEL

Nam
e
Firm Name
Address
Email Address
Tel./Cel./Fax Nos.
PTR No. Date/
Roll No. Place of Issue
Lifetime
IBP No. Date/Chapter
Compliance
MCL Exemption No
E .
Other Compliances
Counsel for
Plaintiff/
Petitioner
Defendant/
Respondent
Other

VERIFIED APPLICATION FOR

APPOINTMENT OF A RECEIVER
UNDER RULE 59

(name)

applies for the appointment of a receiver and states:

1. The Applicant
has an interest in the property or fund which is the subject of
the action or proceeding.
is a mortgagee in an action for foreclosure of a mortgage.

4
 judgment obligee in Case in
No.
(case no.)
_________________________ entered on .
(court) (date)

others ________________________________________.
Use additional sheets, if necessary.

2. The appointment of a receiver is necessary

because the property or fund is in danger of being
lost. removed.
materially injured.
because the property is in danger of being
wasted dissipated
materially injured
and
its value is probably insufficient to discharge the
mortgage debt.
the parties have so stipulated in the contract of mortgage
that a receiver can be appointed.
to preserve the property during the pendency of an appeal.
to dispose of it according to the judgment.
to aid execution when the execution has been returned
unsatisfied.
the judgment obligor refuses to apply his or her property in
satisfaction of the judgment, or otherwise, to carry the judgment
into effect.
because it is the most convenient and feasible means of
preserving, administering, or disposing the property in
litigation.

3. Applicant is willing to post a bond executed to the party against

whom the application is presented, in an amount to be fixed by the
court, to the effect that the applicant will pay such party all
damages he may sustain by reason of the appointment of such
receiver in case the applicant shall have procured such
appointment without sufficient cause; and the court may, in its
discretion, at any time after the appointment, require an additional
bond as further security for such damages.

4. A judicial affidavit and other documents in support of this motion

are attached as annexes.

**Required attachment:
Verification MCF No. 7.4

PROOF OF SERVICE

VERIFIED APPLICATION FOR APPOINTMENT OF A RECEIVER page 2 of 4

A copy of this Application was served upon:
Persons Name Method Place Served Date Served
Personal Service
Licensed Courier
Registered Mail
Facsimile or Other
Electronic Means
Personal Service
Licensed Courier
Registered Mail
Facsimile or Other
Electronic Means
Personal Service
Licensed Courier
Registered Mail
Facsimile or Other
Electronic Means
Personal Service
Licensed Courier
Registered Mail
Facsimile or Other
Electronic Means
Proof of such service is attached to this Application as an Annex.

Date Party/Partys Counsel Name and Signature

ORDER
After a review of the Application, comment/opposition, the Application is
granted. (name) is appointed as the receiver.
The applicant is directed to post a bond in the amount of _______________ in
favor of ______________________
(name) to answer for all the damages that may be

sustained by reason of the appointment of such receiver. The receiver shall be under
the control and supervision of the Court.
denied because _____________________________________________________.
set for hearing on ____________________________
(date) .

Judge Date

SPECIAL INSTRUCTIONS

APPOINTMENT OF RECEIVER
Upon a verified application, one or more receivers of the property subject of the action or
proceeding may be appointed by the court where the action is pending or by the Court of
Appeals or by the Supreme Court, or a member thereof, in the following cases:
(a) When it appears from the verified application, and such other proof as the court
may require, that the party applying for the appointment of a receiver has an
interest in the property or fund which is the subject of the action or proceeding,
and that such property or fund is in danger of being lost, removed, or materially
injured unless a receiver be appointed to administer and preserve it;
(b) When it appears in an action by the mortgagee for the foreclosure of a mortgage
that the property is in danger of being wasted or dissipated or materially injured,
and that its value is probably insufficient to discharge the mortgage debt, or that
the parties have so stipulated in the contract of mortgage;
(c) After judgment, to preserve the property during the pendency of an appeal, or to
dispose of it according to the judgment, or to aid execution when the execution
has been returned unsatisfied or the judgment obligor refuses to apply his
property in satisfaction of the judgment, or otherwise to carry the judgment into
effect;
(d) Whenever in other cases it appears that the appointment of a receiver is the most
convenient and feasible means of preserving, administering, or disposing of the
property in litigation.

VERIFIED APPLICATION FOR APPOINTMENT OF A RECEIVER page 3 of 4

During the pendency of an appeal, the appellate court may allow an application for the
appointment of a receiver to be filed in and decided by the court of origin and the
receiver appointed to be subject to the control of said court. (Rule 59.1)

BOND ON APPOINTMENT OF RECEIVER

Before issuing the order appointing a receiver the court shall require the applicant to file
a bond executed to the party against whom the application is presented, in an amount to
be fixed by the court, to the effect that the applicant will pay such party all damages he
may sustain by reason of the appointment of such receiver in case the applicant shall have
procured such appointment without sufficient cause; and the court may, in its discretion,
at any time after the appointment, require an additional bond as further security for such
damages. (Rule 59.2)

VERIFIED APPLICATION FOR APPOINTMENT OF A RECEIVER page 4 of 4