HB 1348: Civil practice; compensation for receivers; provide
Comm Sub version, the latest LegiScan holds · Last action February 24, 2026 · Introduced
The text as LegiScan holds it, read from the PDF the legislature publishes with its margin line numbers, running heads, and page footers removed. Line breaks are joined into paragraphs here; no word is changed.
Underlined words are what the bill adds to current law and struck-through words are what it removes, as the printed bill shows them.
The House Committee on Judiciary offers the following substitute to HB 1348:
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 8 of Title 9 of the Official Code of Georgia Annotated, relating to receivers relative to civil practice, so as to provide for compensation for receivers; to provide for a cap on compensation; to make conforming changes; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 8 of Title 9 of the Official Code of Georgia Annotated, relating to receivers relative to civil practice, is amended by revising Code Section 9-8-13, relating to award of attorneys' and receivers' fees and how determined, as follows:
"9-8-13.
(a) In all cases where a receiver is appointed under the laws of this state to take charge of the assets of any person, firm, or corporation and a fund is brought into court for distribution, the court having jurisdiction thereof shall award to counsel filing the petition and representing the moving creditor or creditors, out of the fund, no greater sum as fees for services rendered in filing the petition and bringing the fund into court than the services are actually worth, taking as a basis therefor the amount represented by the counsel in the original petition and the assets brought into the hands of the receiver by the services of counsel not including the assets turned over to the receiver by defendants under order of the court.
(b)(1) In all cases where a receiver is appointed to take charge of the assets of any person, firm, or corporation, the court having jurisdiction thereof shall award to the receiver as full compensation for his or her services, out of the fund coming into his or her hands, not more than 8 percent of the first $1,000.00, 4 percent of the excess up to of the amount above $1,000.00 and not exceeding $5,000.00, 3 percent of the amount above $5,000.00 and not exceeding $10,000.00, and 2 percent of all sums over the amount above $10,000.00 and not exceeding $20,000.00, and 0.5 percent of all sums over $20,000.00.
(2) Where the business of an insolvent person, firm, or corporation is continued and conducted by a receiver, the judge may allow such compensation as may be reasonable for such services in lieu of commissions, not exceeding to exceed the lesser of:
(A) Compensation compensation paid by persons in the usual and regular conduct of such business; or
(B) Commissions of 8 percent of the first $1,000.00, 4 percent of the amount above $1,000.00 and not exceeding $5,000.00, 3 percent of the amount above $5,000.00 and not exceeding $10,000.00, 2 percent of the amount above $10,000.00 and not exceeding $20,000.00, and 0.5 percent of all sums over $20,000.00.
(c) In all cases, the presiding judge or other competent tribunal shall allow such compensation to the attorney or attorneys filing the original petition and to the receiver or receivers appointed thereunder as their services are reasonably worth not to exceed the amounts provided for in subsection (b) of this Code section.
(d) Notwithstanding any provision of this Code section or other law to the contrary, in no event shall total compensation awarded under this chapter exceed 5 percent of the total sums received by the receiver unless otherwise ordered by the court."
SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.