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Section 680.1 – Appointment.

680.1 Appointment. On the petition of either party to a civil action or proceeding, wherein the party shows that the party has a probable right to, or interest in, any property which is the subject of the controversy, and that such property, or its rents or profits, are in danger of being lost or materially […]

Section 680.10 – Discovery of assets.

680.10 Discovery of assets. The court having direction or control of a receiver may, on its own motion, or on motion of the receiver, require any person suspected of having taken wrongful possession of any of the effects of any person, corporation, or partnership for which said receiver has been appointed, or of having had […]

Section 680.11 – Contempt.

680.11 Contempt. If, on being served with the order of the court requiring the person to do so, any person fails to appear in accordance therewith, or if, having appeared, the person refuses to answer any questions which the court thinks proper to be put to the person in the course of such examination, or […]

Section 680.2 – Permissible proofs.

680.2 Permissible proofs. Upon the hearing of the application, affidavits, and such other proof as the court or judge permits, may be introduced, and upon the whole case such order made as will be for the best interest of all parties concerned. [C73, §2903; C97, §3822; C24, 27, 31, 35, 39, §12714; C46, 50, 54, […]

Section 680.3 – Oath and bond.

680.3 Oath and bond. Before entering upon the discharge of the receiver’s duties, the receiver must be sworn faithfully to discharge the trust to the best of the receiver’s ability, and must also file with the clerk a bond with sureties, to be approved by the clerk, in a penalty to be fixed by the […]

Section 680.4 – Powers.

680.4 Powers. Subject to the control of the court, a receiver has power to bring and defend actions, to take and keep possession of property, to collect debts, to receive the rents and profits of real property, and, generally, to do such acts in respect to the property committed to the receiver as may be […]

Section 680.5 – Priority of liens.

680.5 Priority of liens. Persons having liens upon the property placed in the hands of a receiver shall, if there is a contest as to their priority, submit them to the court for determination. [C97, §3825; S13, §3825; C24, 27, 31, 35, 39, §12717; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, […]

Section 680.6 – Taxes as prior claim — nonnecessity to file.

680.6 Taxes as prior claim — nonnecessity to file. When the assets of any corporation, partnership, or person shall be placed in the hands of a receiver, all taxes against said corporation, partnership, or person, whether levied under the laws of the state or ordinances of municipal corporations, shall be entitled to priority and be […]

Section 680.7 – Claims entitled to priority.

680.7 Claims entitled to priority. When the property of any person, partnership, company, or corporation has been placed in the hands of a receiver for distribution, after the payment of all costs the following claims shall be entitled to priority of payment in the order named: 1. Taxes or other debts entitled to preference under […]

Section 680.8 – Nonapplicability.

680.8 Nonapplicability. The provisions of section 680.7 shall not apply to the receivership of state banks, as defined in section 524.105, trust companies, or private banks. In addition, in the receivership of such state banks and trust companies, or private banks, no preference or priority shall be allowed as is provided in section 680.7 except […]

Section 680.9 – Legislative intent.

680.9 Legislative intent. The provisions of section 680.8 are declaratory of the intent of the legislature and of its interpretation of the provisions of section 680.7. [C27, 31, 35, §12719-a2; C39, §12719.2; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §680.9]