{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/50-73.97.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/50-73.97.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/50-73.97.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/50-73.97.html"}],"law_id":84681,"edition_id":1,"section_id":84681,"structure_id":15631,"section_number":"50-73.97","catch_line":"Actions by and against partnership and partners","history":"1996, c. 292.","full_text":"A\n\nA partnership may sue and be sued in the name of the partnership.B\n\nAn action may be brought against the partnership and, except as provided in § 50-73.96, against any or all of the partners in the same action or in separate actions.C\n\nA 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.D\n\nA 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:1\n\nThe claim is for a debt, obligation or liability for which the partner is liable as provided in § 50-73.96 and either:\n\t\t\t\ta. 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;\n\t\t\t\tb. The partnership is a debtor in bankruptcy;\n\t\t\t\tc. The partner has agreed that the creditor need not exhaust partnership assets; or\n\t\t\t\td. 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; or2\n\nLiability is imposed on the partner by law or contract independent of the existence of the partnership.E\n\nThis section applies to any partnership liability or obligation resulting from a representation by a partner or purported partner under § 50-73.98.","order_by":null,"text":{"0":{"id":303510,"text":"A partnership may sue and be sued in the name of the partnership.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":303511,"text":"An action may be brought against the partnership and, except as provided in § 50-73.96, against any or all of the partners in the same action or in separate actions.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":303512,"text":"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.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":303513,"text":"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:","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"D1"},"4":{"id":303514,"text":"The claim is for a debt, obligation or liability for which the partner is liable as provided in § 50-73.96 and either:\n\t\t\t\ta. 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;\n\t\t\t\tb. The partnership is a debtor in bankruptcy;\n\t\t\t\tc. The partner has agreed that the creditor need not exhaust partnership assets; or\n\t\t\t\td. 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","type":"section","prefixes":["D","1"],"prefix":"1","entire_prefix":"D1","prefix_anchor":"D1","level":2,"prior_prefix":"D","next_prefix":"D2"},"5":{"id":303515,"text":"Liability is imposed on the partner by law or contract independent of the existence of the partnership.","type":"section","prefixes":["D","2"],"prefix":"2","entire_prefix":"D2","prefix_anchor":"D2","level":2,"prior_prefix":"D1","next_prefix":"E"},"6":{"id":303516,"text":"This section applies to any partnership liability or obligation resulting from a representation by a partner or purported partner under § 50-73.98.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D2"}},"ancestry":[{"id":15631,"edition_id":1,"name":"Relations of Partners to Persons Dealing With Partnership","identifier":"3","label":"article","depth":3,"order_by":1,"parent_id":12958,"metadata":{},"date_created":"2026-06-26 03:57:08","date_modified":"2026-06-26 03:57:08","permalink":{"id":234775,"object_type":"structure","relational_id":15631,"identifier":"3","token":"50\/2.2\/3","url":"\/50\/2.2\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12958,"edition_id":1,"name":"Virginia Uniform Partnership Act","identifier":"2.2","label":"chapter","depth":2,"order_by":1,"parent_id":12957,"metadata":{},"date_created":"2026-06-26 03:44:04","date_modified":"2026-06-26 03:44:04","permalink":{"id":234691,"object_type":"structure","relational_id":12958,"identifier":"2.2","token":"50\/2.2","url":"\/50\/2.2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12957,"edition_id":1,"name":"Partnerships","identifier":"50","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:04","date_modified":"2026-06-26 03:44:04","permalink":{"id":234229,"object_type":"structure","relational_id":12957,"identifier":"50","token":"50","url":"\/50\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":78463,"structure_id":15631,"section_number":"50-73.91","catch_line":"Partner agent of partnership","url":"\/50-73.91\/","token":"50\/2.2\/3\/50-73.91","metadata":false},{"id":62308,"structure_id":15631,"section_number":"50-73.92","catch_line":"Transfer of partnership property","url":"\/50-73.92\/","token":"50\/2.2\/3\/50-73.92","metadata":false},{"id":59704,"structure_id":15631,"section_number":"50-73.93","catch_line":"Statement of partnership authority","url":"\/50-73.93\/","token":"50\/2.2\/3\/50-73.93","metadata":false},{"id":75044,"structure_id":15631,"section_number":"50-73.94","catch_line":"Statement of denial","url":"\/50-73.94\/","token":"50\/2.2\/3\/50-73.94","metadata":false},{"id":61175,"structure_id":15631,"section_number":"50-73.95","catch_line":"Partnership liable for partner's actionable conduct","url":"\/50-73.95\/","token":"50\/2.2\/3\/50-73.95","metadata":false},{"id":78386,"structure_id":15631,"section_number":"50-73.96","catch_line":"Partner's liability","url":"\/50-73.96\/","token":"50\/2.2\/3\/50-73.96","metadata":false},{"id":84681,"structure_id":15631,"section_number":"50-73.97","catch_line":"Actions by and against partnership and partners","url":"\/50-73.97\/","token":"50\/2.2\/3\/50-73.97","metadata":false},{"id":86574,"structure_id":15631,"section_number":"50-73.98","catch_line":"Liability of purported partner","url":"\/50-73.98\/","token":"50\/2.2\/3\/50-73.98","metadata":false}],"previous_section":{"id":78386,"structure_id":15631,"section_number":"50-73.96","catch_line":"Partner's liability","url":"\/50-73.96\/","token":"50\/2.2\/3\/50-73.96","metadata":false},"next_section":{"id":86574,"structure_id":15631,"section_number":"50-73.98","catch_line":"Liability of purported partner","url":"\/50-73.98\/","token":"50\/2.2\/3\/50-73.98","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/50-73.97\/","history_text":"

This law was first created in 1996. The record of its establishment is cataloged in chapter 292<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":false,"refers_to":[{"id":78386,"section_number":"50-73.96","catch_line":"Partner's liability","order_by":null,"url":"\/50-73.96\/"},{"id":86574,"section_number":"50-73.98","catch_line":"Liability of purported partner","order_by":null,"url":"\/50-73.98\/"}],"permalink":{"id":234801,"object_type":"law","relational_id":84681,"identifier":"50-73.97","token":"50\/2.2\/3\/50-73.97","url":"\/50-73.97\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/50-73.97\/","token":"50\/2.2\/3\/50-73.97","dublin_core":{"Title":"Actions by and against partnership and partners","Type":"Text","Format":"text\/html","Identifier":"\u00a7 50-73.97","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> A partnership<\/span> may sue and be sued in the name of the partnership<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> An action may be brought against the partnership<\/span> and, except as provided in § 50-73.96<\/a>, against any or all of the partners in the same action or in separate actions. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> A judgment<\/span> against a partnership<\/span> is not by itself a judgment<\/span> against a partner. A judgment<\/span> against a partnership<\/span> may not be satisfied from a partner’s assets<\/span> unless there is also a judgment<\/span> against the partner. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> A judgment creditor<\/span> of a partner may not levy<\/span> execution against the assets<\/span> of the partner to satisfy a judgment based on a claim against the partnership<\/span> unless: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The claim is for a debt, obligation or liability for which the partner is liable as provided in § 50-73.96<\/a> and either:\n\t\t\t\ta. A judgment based on the same claim has been obtained against the partnership<\/span> and a writ<\/span> of execution on the judgment has been returned unsatisfied in whole or in part;\n\t\t\t\tb. The partnership<\/span> is a debtor in bankruptcy<\/span>;\n\t\t\t\tc. The partner has agreed that the creditor need not exhaust partnership<\/span> assets<\/span>; or\n\t\t\t\td. A court<\/span> grants permission to the judgment creditor<\/span> to levy<\/span> execution against the assets<\/span> of a partner based on a finding<\/span> that partnership<\/span> assets<\/span> subject to execution are clearly insufficient to satisfy the judgment, that exhaustion of partnership<\/span> assets<\/span> is excessively burdensome, or that the grant of permission is an appropriate exercise of the court<\/span>’s equitable<\/span> powers; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Liability is imposed on the partner by law<\/span> or contract<\/span> independent of the existence of the partnership<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> This section applies to any partnership<\/span> liability or obligation resulting from a representation by a partner or purported partner under § 50-73.98<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nACTIONS BY AND AGAINST PARTNERSHIP AND PARTNERS (\u00a7 50-73.97)\n\nA. A partnership may sue and be sued in the name of the partnership.\n\nB. An action may be brought against the partnership and, except as provided in\n§ 50-73.96, against any or all of the partners in the same action or in\nseparate actions.\n\nC. A judgment against a partnership is not by itself a judgment against a\npartner. A judgment against a partnership may not be satisfied from a\npartner’s assets unless there is also a judgment against the partner.\n\nD. A judgment creditor of a partner may not levy execution against the assets of\nthe partner to satisfy a judgment based on a claim against the partnership\nunless:\n\n 1. The claim is for a debt, obligation or liability for which the partner is\n liable as provided in § 50-73.96 and either:\n \t\t\t\ta. A judgment based on the same claim has been obtained against the\n partnership and a writ of execution on the judgment has been returned\n unsatisfied in whole or in part;\n \t\t\t\tb. The partnership is a debtor in bankruptcy;\n \t\t\t\tc. The partner has agreed that the creditor need not exhaust partnership\n assets; or\n \t\t\t\td. A court grants permission to the judgment creditor to levy execution\n against the assets of a partner based on a finding that partnership assets\n subject to execution are clearly insufficient to satisfy the judgment, that\n exhaustion of partnership assets is excessively burdensome, or that the grant\n of permission is an appropriate exercise of the court’s equitable\n powers; or\n\n 2. Liability is imposed on the partner by law or contract independent of the\n existence of the partnership.\n\nE. This section applies to any partnership liability or obligation resulting\nfrom a representation by a partner or purported partner under § 50-73.98.\n\nHISTORY: 1996, c. 292.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}