Partnerships

ORS 67.110
Actions by and against partnership and partners


(1)

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

(2)

An action may be brought against the partnership and, to the extent not inconsistent with ORS 67.105 (Partner’s liability), 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.

(4)

Except as provided by subsection (5) of this section, a creditor may proceed against one or more partners or their property to satisfy a judgment based on a claim that could have been successfully asserted against the partnership only if:

(a)

The partner is personally liable for the claim under ORS 67.105 (Partner’s liability);

(b)

A judgment is also obtained against the partner; and

(c)

A judgment based on the same claim is obtained against the partnership that:

(A)

Has not been reversed or vacated; and

(B)

Remains unsatisfied for 90 days after:

(i)

The date of entry of the judgment; or

(ii)

The date of expiration or termination of the stay, if the judgment is contested by appropriate proceedings and execution on the judgment has been stayed.

(5)

Subsection (4) of this section does not prohibit a creditor from proceeding directly against one or more partners who are personally liable for the claim under ORS 67.105 (Partner’s liability) or against their property without first seeking satisfaction from partnership property if:

(a)

The partnership is a debtor in bankruptcy;

(b)

The creditor and the partnership agreed that the creditor is not required to comply with subsection (4) of this section;

(c)

A court orders otherwise, based on a finding that partnership property subject to execution within the state is clearly insufficient to satisfy the judgment or that compliance with subsection (4) of this section is excessively burdensome; or

(d)

Liability is imposed on the partner by law or contract independently of the person’s status as a partner. [1997 c.775 §15]

Source

Last accessed
Jun. 26, 2021