§ 8645. Actions by and against partnership and partners.
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/pa/title-15/chapter-86/8645A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§ 8645. Actions by and against partnership and partners.
(a)General partner as party.-- To the extent not inconsistent with section 8644 (relating to general partner's liability), a general partner may be joined in an action against the limited partnership or named in a separate action.
(b)Judgment against partnership only.-- A judgment against a partnership:
(1)is not by itself a judgment against a partner; and
(2)except as set forth in subsection (c), may not be satisfied from a partner's assets.
(c)Judgment against partnership and partner.-- If there is a judgment against a partnership and a partner on the same claim, the judgment creditor may levy execution against the assets of the partner if both of the following paragraphs apply:
(1)The partner is personally liable for the claim under section 8644.
(2)One of the following subparagraphs applies:
(i)A writ of execution on the judgment against the partnership has been returned unsatisfied in whole or in part.
(ii)The partnership is a debtor in bankruptcy.
(iii)The partner has agreed that the creditor need not exhaust partnership assets.
(iv)A court grants permission to levy execution based on a finding that:
(A)partnership assets subject to execution are clearly insufficient to satisfy the judgment;
(B)exhaustion of partnership assets is excessively burdensome; or
(C)the grant of permission is an appropriate exercise of the court's equitable powers.
(v)Liability is imposed on the partner by law or contract independent of the existence of the partnership.
15c8646s