The Vermont Statutes Online
The Statutes below include the actions of the 2025 session of the General Assembly.
NOTE: The Vermont Statutes Online is an unofficial copy of the Vermont Statutes Annotated that is provided as a convenience.
Subchapter
003
:
RELATIONS OF PARTNERS TO PERSONS DEALING WITH PARTNERSHIP
(Cite as: 11 V.S.A. § 3227)
-
§ 3227. Actions by and against partnership and partners
(a) A partnership may sue and be sued in the name of the partnership.
(b) An action may be brought against the partnership and, to the extent not inconsistent
with section 3226 of this title, any or all of the partners 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 also a judgment against the partner.
(d) 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 the
partner is personally liable for the claim under section 3226 of this title and either:
(1) 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;
(2) the partnership is a debtor in bankruptcy;
(3) the partner has agreed that the creditor need not exhaust partnership assets;
(4) 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
(5) 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 section 3228 of this title. (Added 1997, No. 149 (Adj. Sess.), § 1, eff. Jan. 1, 1999.)