§ 813.23 — Receiver may be appointed when.

Wisconsin § 813.23

• Jurisdiction: Wisconsin
• Ch. 813: Injunctions, ne exeat and receivers

Text

813.23
813.23(1) (1)
813.23(1)(a) (a) When a person domiciled in this state and having an interest in any form of property disappears and is absent from the person’s place of residence without being heard of after diligent inquiry, upon application for a finding of such disappearance and absence and of the necessity for the appointment of a receiver to the circuit court of the county of the absentee’s domicile by any person who would have an interest in said property were said absentee deceased or by an insurer or surety or creditor of such absentee, after notice as provided in s. 813.24 , and upon good cause being shown, the court may find that the absentee was last heard of as of a date certain and may appoint a receiver to take charge of the absentee’s estate. The absentee shall be made a party to said proceeding; and any other person who would have an interest in said property were said absentee deceased, upon direction by the court, may be made a party to said proceeding.
813.23(1)(b) (b) When a person is a member of the armed forces of the United States without this state, or is serving as a merchant seaman outside of the limits of the United States included within the 50 states and the District of Columbia, or is outside such limits by permission, assignment or direction of any department or official of the United States government in connection with any activity pertaining to the prosecution of any war in which the United States is then engaged, and has an interest in any form of property in this state and no adequate power of attorney on his or her behalf has been recorded in the office of the register of deeds of the county of his or her domicile or of the county where such property is situated, upon application for findings establishing the foregoing and the necessity for appointment of a receiver, to the circuit court of the county of such person’s domicile or of the county where such property is situated, by any person who would have an interest in said property were such person deceased, or by an insurer or surety or creditor of such person, or by any other person or on the court’s own motion, after notice as provided in s. 813.24 , and upon good cause being shown, the court may, on making such findings, appoint a receiver to take charge of such person’s estate. Such person should be made a party to such proceedings; and any other person who would have an interest in said property were said person deceased, upon direction by the court, may be made a party to said proceedings. Such person shall be deemed an “absentee” within the meaning of ss. 813.23 to 813.34 .
813.23(2) (2)
813.23(2)(a) (a) The receiver, upon giving bond to be fixed in amount and with surety to be approved by the court and upon such conditions as will insure the conservation of such property, shall under the direction of said court administer said property as an equity receivership with power:
813.23(2)(a)1. 1. To take possession of all property of the absentee wherever situated.
813.23(2)(a)2. 2. To collect all debts due the absentee.
813.23(2)(a)3. 3. To bring and defend suits.
813.23(2)(a)4. 4. To pay insurance premiums.
813.23(2)(a)5. 5. With the approval of the court in each case, to pay all debts due by the absentee.
813.23(2)(a)6. 6. To pay over the proceeds of such part or all of said property, or the income thereof as may be necessary for the maintenance and support of the absentee’s dependents.
813.23(2)(b) (b) If the personal property of the absentee is not sufficient to pay all of the absentee’s debts, and to provide for the maintenance and support of the absentee’s dependents, the receiver may apply to the court for an order to sell or mortgage so much of the real estate as may be necessary therefor; said sale or mortgage to be reported to, approved and confirmed by the court and said receiver to be ordered to make deed conveying or mortgaging said real property to the purchaser or lender upon the purchaser’s or lender’s complying with the terms of sale or mortgage.
813.23(3) (3) Upon the filing of the application referred to in sub. (1) , the court may for cause shown appoint a temporary receiver to take charge of the property of the absentee and conserve it pending hearing upon the application. Such temporary receiver shall qualify by giving bond in an amount and with surety to be approved by the court and shall exercise only the powers named by the court. Should a permanent receiver be appointed, the temporary receiver shall turn over all property in the temporary receiver’s possession, less such as may be necessary to cover the temporary receiver’s expenses and compensation as allowed by the court, to the permanent receiver, shall file the temporary receiver’s final account and upon its approval be discharged. Should the application for permanent receiver be denied, the temporary receiver shall restore to those from whom it may have been obtained, all property in the temporary receiver’s possession, less such only as may be necessary to cover the temporary receiver’s expenses and compensation as allowed by the court, shall file the temporary receiver’s final account and be discharged. Where the application is denied, the expenses of the temporary receivership and the compensation of the temporary receiver may in the discretion of the court be taxed as costs of the proceeding to be paid by the applicant and shall be enforceable by the temporary receiver against the applicant.

Legislative History

813.23 History History: Sup. Ct. Order, 67 Wis. 2d 585, 760, 779 (1975); Stats. 1975 s. 813.23; 1993 a. 486 .