Can a court appointed receiver be held personally liable for extreme neglect and damage to property under his watch?

Get Legal Help Today

secured lock Secured with SHA-256 Encryption

Can a court appointed receiver be held personally liable for extreme neglect and damage to property under his watch?

My sister and I co-own a home (joint tenants in common) and she filed a partition action to get her money. The court appointed a receiver against my desires. He neglected care of the property by failing to have the gas turned on this winter. He ignored 6 requests (certified letters) with photographs of damage occurring. He would not even visit home until 3 months after I began making “urgent” requests. I copied my sister’s attorney as well as the court on all correspondence. What is my vehicle for restitution (e.g. law suit, court motion, etc.)?

Asked on March 24, 2012 under Real Estate Law, Ohio

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

How horrible a situation for you.  Generally speaking, court appointed receivers have a fiduciary duty under the law and a breach can result in their being sued.  They can also be sued for negligence in some states so it would really be best for you to consult with an attorney in your area on this matter as soon as you can.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption