Cal. Civ. Code § 407.105
Receiver, powers and duties of
Operative Text
When a receiver is appointed by the court pursuant to section 407.100, he may sue for, collect, receive and take into his possession all the goods and chattels, rights and credits, moneys and effects, lands and tenements, books, records, documents, papers, choses in action, bills, notes and property of every description, derived by means of any method, act, use, practice or solicitation, or any combination thereof, declared to be unlawful or prohibited by this chapter, including property with which such property has been mingled if it cannot be identified in kind because of such commingling, and to sell, convey, and assign the same and hold and dispose of the proceeds thereof under the direction of the court. Any person who has suffered damages as a result of the use or employment of any unlawful methods, acts, uses, practices or solicitations, or any combination thereof, and submits proof to the satisfaction of the court that he has in fact been damaged, may participate with general creditors in the distribution of the assets to the extent he has sustained out-of-pocket losses. In the case of a partnership or business entity, the receiver shall settle the estate and distribute the assets under the direction of the court. The court shall have jurisdiction of all questions arising in such proceedings and may make such orders and judgments therein as may be required.
Missouri Revised Statutes § 407.105 establishes the authority and responsibilities of a court-appointed receiver in cases involving unlawful trade practices under the Missouri Merchandising Practices Act (§§ 407.005–407.145). Once appointed, the receiver is empowered to gather all assets—including money, property, records, and other holdings—that were obtained through prohibited conduct, even if those assets have been mixed with other funds. The receiver then sells or distributes those assets under court supervision, and individuals who suffered actual out-of-pocket losses from the unlawful conduct may share in the distribution alongside general creditors.
Plain English — not legal advice.
Property owners or managers whose operations become subject to a receivership action under § 407.105 should be aware that a court-appointed receiver has broad authority to take possession of business assets, records, and funds connected to any conduct found unlawful under Missouri's Merchandising Practices Act. Compliant operators generally maintain clear, accurate records that distinguish business assets from personal ones, which can be important if commingling of funds becomes an issue in court proceedings. Operators facing or anticipating a receivership action typically work with legal counsel to understand their obligations to cooperate with the receiver and the court.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants or consumers who have suffered out-of-pocket losses due to unlawful practices covered by Missouri's Merchandising Practices Act may have the right under § 407.105 to participate in the distribution of assets recovered by a court-appointed receiver. To do so, an affected person must submit proof to the court's satisfaction that they were actually damaged by the prohibited conduct. General enforcement paths include filing a complaint with the Missouri Attorney General's office, consulting a tenant-rights or consumer-protection organization, or seeking information about how to present a claim in an ongoing receivership proceeding.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 14, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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Rules and statutes that cite this regulation