§ 45-17-04 — (504) Partner's transferable interest subject to charging order

North Dakota § 45-17-04

• Jurisdiction: North Dakota
• Title 45: Partnerships
• Ch. 45-17: Transferees and Creditors of Partner

Text

1. On application by a judgment creditor of a partner or of a partner's transferee and
following notice to the partnership of such application, a court having jurisdiction may
enter a charging order against the transferable interest of the judgment debtor for the
unsatisfied amount of the judgment.
2. A charging order constitutes a lien on the transferable interest of a judgment debtor
and requires the partnership to pay over to the person to which the charging order was
issued any distribution that would otherwise be paid to the judgment debtor.
3. The partner or transferee whose transferable interest is subject to a charging order
may extinguish the charging order by satisfying the judgment and filing a certified copy
of the satisfaction with the court that issued the order.
4. At any time before extinguishment under subsection 3, a partnership or one or more
partners whose transferable interest are not subject to the charging order may pay the
full amount due under the judgment to the judgment creditor and succeed to the rights
of the judgment creditor, including the charging order.

5. Chapters 45-13 through 45-21 do not deprive a partner of a right under exemption
laws with respect to the partner's interest in the partnership.
6. This section provides the exclusive remedy by which a person seeking to enforce a
judgment against a partner or transferee may satisfy, in the capacity of a judgment
creditor, the judgment from the transferable interest of the judgment debtor.
a. No other remedy, including foreclosure of the transferable interest or a court order
for directions, accounts, and inquiries the debtor partner might have made, is
available to the judgment creditor attempting to satisfy the judgment out of the
judgment debtor's interest in the partnership.
b. No creditor of a partner or transferee has any right to obtain possession of or
otherwise exercise legal or equitable remedies to a property of the partnership.