Which of the following is an element that must be established to obtain a receivership (a provisional remedy)?

• A. Affidavit
• B. Notice to creditors
• C. Garnishment
• D. Personal injury claim

Answer: (A)

A receivership is granted when the applicant shows, through a sworn filing, facts justifying appointment of a receiver to preserve the property during litigation. That sworn statement—an affidavit—provides the court with the factual basis that the property is in danger of waste or mismanagement and that immediate action is needed to protect the estate. The affidavit demonstrates why the appointment is necessary and why the court should grant provisional relief before a full trial.

Notice to creditors may be part of procedure in some cases, but it is not the essential element that justifies obtaining the remedy. Garnishment is a separate tool for collecting debts, and a personal injury claim has no bearing on obtaining a receivership.