Post-judgment Relief

(a)If a money judgment entered under this chapter is unsatisfied thirty

(30)days after it becomes final and if the prevailing party has made a good faith attempt to obtain satisfaction of the judgment, the following presumptions exist with respect to the party against whom the judgment was entered:

(1)That the judgment debtor is insolvent or in danger of becoming insolvent; and

(2)That the judgment debtor’s property is in danger of being lost, removed, or otherwise exempted from collection on the judgment; and

(3)That the prevailing party will be materially injured unless a receiver is appointed over the judgment debtor’s business; and

(4)That there is no adequate and reasonably available remedy other than receivership available to the prevailing party.

(b)Subject to the provisions of subsection

(a)of this section, a prevailing party may move that the judgment debtor should show cause why a receiver should not be appointed. Upon adequate notice and hearing, the court shall appoint a receiver over the judgment debtor’s business unless the judgment debtor proves that all of the presumptions set forth in subsection

(a)of this section are not applicable.

(c)The order appointing a receiver must clearly state whether the receiver will have general power to manage and operate the judgment debtor’s business or have power to manage only the judgment debtor’s finances. The order shall limit the duration of the receivership to such time as all judgments issued against the judgment debtor are paid in full. Where there are judgments against a judgment debtor which have been awarded to more than one

(1)plaintiff, the court shall have discretion to take any action necessary to efficiently operate a receivership in order to collect the judgments. COL10/29/2021 CH. 32 TRADE PRACTICES AND CONSUMER PROTECTION