§ 45-15-07 — (307) Actions by and against partnership and partners

North Dakota § 45-15-07

• Jurisdiction: North Dakota
• Title 45: Partnerships
• Ch. 45-15: Relations of Partners to Persons Dealing With Partnership

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1. A partnership may sue and be sued in the name of the partnership.
2. An action may be brought against the partnership and any or all of the partners in the
same action or in separate actions.
3. A judgment against a partnership is not by itself a judgment against a partner. A
judgment against a partnership may not be satisfied from a partner's assets unless
there is also a judgment against the partner.
4. A judgment creditor of a partner may not levy execution against the assets of the
partner to satisfy a judgment based on a claim against the partnership unless:
a. A judgment based on the same claim has been obtained against the partnership
and a writ of execution on the judgment has been returned unsatisfied in whole or
in part;
b. The partnership is a debtor in bankruptcy;
c. The partner has agreed that the creditor need not exhaust partnership assets;
d. A court grants permission to the judgment creditor to levy execution against the
assets of a partner based on a finding that partnership assets subject to
execution are clearly insufficient to satisfy the judgment, that exhaustion of
partnership assets is excessively burdensome, or that the grant of permission is
an appropriate exercise of the court's equitable powers; or
e. Liability is imposed on the partner by law or contract independent of the existence
of the partnership.
5. This section applies to any partnership liability or obligation resulting from a
representation by a partner or purported partner under section 45-15-08.