Law guide: Complaints and disputes

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Order Appointing Receiver

Order Appointing Receiver

Order Appointing Receiver

This type of order is a remedy used very extensively and successfully in day-to-day practice and is where the EJO obtains information that the debtor is about to receive monies from a third party (e.g. a claim, proceeds of house sale, re-mortgage etc.) and therefore issues the above order so that the EJO receives monies due for the purpose of satisfying the debt.

The EJO can serve this Order on the third party, thereby making them the 'receiver'. Once this Order has been served on the receiver, the receiver is obliged to forward the net monies, to the EJO, who will forward payment to the creditors in priority.

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