Wyoming § 17-21-307 Actions by and against partnership and
partners

Wyoming Statutes

§ 17-21-307 — Actions by and against partnership and partners

Wyoming·Title 17 Corporations, Partnerships and Associations·Ch. 21 UNIFORM PARTNERSHIP ACT·Art. 3 RELATIONS OF PARTNERS TO PERSONS

(a)A partnership may sue and be sued in the name of the partnership.

(b)An action may be brought against the partnership and any or all of the partners who are personally liable for obligations of the partnership under W.S. 17-21-306 in the same action or in separate actions.

(c)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 a judgment against the partner.

(d)A judgment creditor of a partner may not levy execution against the assets of a partner to satisfy a judgment based on a claim against the partnership unless:

(i)The partner is personally liable for the liability of the partnership under W.S. 17-21-306; and

(ii)One (1) of the following conditions is sati

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(a) A partnership may sue and be sued in the name of the
partnership.
(b) An action may be brought against the partnership and
any or all of the partners who are personally liable for
obligations of the partnership under W.S. 17-21-306 in the same
action or in separate actions.
(c) 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 a
judgment against the partner.
(d) A judgment creditor of a partner may not levy
execution against the assets of a partner to satisfy a judgment
based on a claim against the partnership unless:
(i) The partner is personally liable for the
liability of the partnership under W.S. 17-21-306; and
(ii) One (1) of the following conditions is
satisfied:
(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) An involuntary case under title 11 of the
United States Code has been commenced against the partnership
and has not been dismissed within sixty (60) days after
commencement or the partnership has commenced a voluntary case
under title 11 of the United States Code and the case has not
been dismissed;
(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.
(e) This section applies to any partnership liability or
obligation resulting from a representation by a partner or
purported partner under W.S. 17-21-308(a) or (b).

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