Are Superior Court receiver forms standard and used uniformly throughout the state?
Answer: The only standard forms deal with rents, issues & profits receiverships. They are available through the California Judicial Council website: http://www.courtinfo.ca.gov/forms/. Some judges try to use the forms for equity receiverships, but it never works.
My firm is interested in becoming a court-appointed receiver in the State of California but we are unsure as to the qualifications and/or prerequisites that one must have to become a receiver. Are you able to point me the right direction as to what we would need to have in order to become a certified court-appointed receiver?
Answer: Join the California Receivers Forum and come to programs to learn how to be a receiver. Receivers are not certified. They are nominated by one of the parties to the litigation or, rarely, appointed from the bench. A firm cannot be a receiver….only individuals can be appointed. They must obtain a bond and file an oath with the court.
My question is regarding bonding. Our firm has not yet been required to be bonded in order to handle a commercial real estate property as the receiver. That said, I have heard that lenders will sometimes ask for this when rents are to be collected. Is that true? If so does the forum recommend a company or companies that offer this type of bonding service? Any gauge on how lenders determine the amount of the bond needed?
Answer: California law requires that receivers post a bond with the court. The bond has nothing to do with a lender. It is generally based on monthly cash flow through the receivership. Support vendors can often be found on www.receivers.org or in the Receivership News.
I represent a print manufacturer in San Diego and we are interested in finding printers that have gone into receivership. Can you tell me how I might find this information
Answer: Have an attorney do a litigation search in the appropriate county.
I am currently involved in a case wherein a partition judgment should be forthcoming. I wonder if you could provide me with a fee structure for selling a four unit apartment building.
Answer: Partition referees’ fees are generally hourly and vary depending on a referee’s experience.
My company purchases used IT equipment and also resells equipment. I’d like to know how we could purchase data center/IT equipment from companies that are in receivership.
Answer: The purpose of the California Receivers Forum is educational, to raise the professionalism within the receivership community and to share information. It is not a source of information on specific litigation or assets of a receivership estate.