§ 10-5-43 - Prerequisites to dismissal of receivership.
SECTION 10-5-43
§ 10-5-43 Prerequisites to dismissal ofreceivership. – If an attachment has been dissolved in the manner provided in § 10-5-42,the proceedings for the appointment of a receiver shall not thereafter bedismissed and the receiver discharged, until all the assets which have comeinto his or her hands as receiver have been fully distributed or the claim uponwhich the attachment was made has been fully paid and discharged, unless thedebtor, before the dismissal, deposits with the clerk of the court to which theoriginal writ or writ of mesne process was returnable, such amount of money asthe court before which the receivership proceedings are pending, after noticeto the attaching creditor and a hearing, finds reasonable for the protection ofhis or her claim in the action in which the attachment was made. The clerkshall pay, from the amount so deposited, to the plaintiff, if final judgment ordecree is in his or her favor, so much of the money as may be required tosatisfy his or her execution and shall pay the balance, if any, to thedefendant, and if judgment or decree in the action or cause is for defendant,in such event upon presentation of execution in his or her favor, the amount sodeposited with actual accrued interest, if any, shall be immediately paid tothe defendant, but such amount may at any time be paid by the clerk as theparties may by their agreement stipulate or as the court upon motion of anyparty in interest may direct.