Also known as: exhaust · exhausts · exhausted · exhausting · exhaustion of remedies · exhaustion doctrine
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
A procedural prerequisite that requires a creditor holding a judgment against a partnership to pursue partnership assets before levying execution against a general partner's personal assets. The prerequisite is satisfied when a writ of execution against the partnership is returned unsatisfied, the partnership is in bankruptcy, the partner agrees to waive it, a court finds partnership assets clearly insufficient or exhaustion excessively burdensome, or liability arises independently of the partnership.
A procedural prerequisite that requires a creditor holding a judgment against a partnership to pursue partnership assets before levying execution against a general partner's personal assets. The prerequisite is satisfied when a writ of execution against the partnership is returned unsatisfied, the partnership is in bankruptcy, the partner agrees to waive it, a court finds partnership assets clearly insufficient or exhaustion excessively burdensome, or liability arises independently of the partnership.
Select any source to read its text and confirm it supports the definition.
A doctrine requiring a party to pursue all available administrative or state-court remedies before seeking federal judicial review. Failure to satisfy the requirement ordinarily bars federal court consideration of the claim unless an exception applies.
Select any source to read its text and confirm it supports the definition.
A doctrine requiring a party to pursue all available administrative or state-court remedies before seeking federal judicial review. Failure to satisfy the requirement ordinarily bars federal court consideration of the claim unless an exception applies.
Each sense below has its own examples, sources, and questions.
Eric Espinoza obtained a judgment against Emerald Enterprises, a general partnership. The partnership's bank accounts held only a few thousand dollars. Eric located a signed letter in which partner Emily Ellis had agreed that Eric could proceed directly against her personal assets without first levying on partnership property. The court permitted immediate execution against Emily's savings account.
Edward Evans obtained a judgment against Evergreen Partners, a general partnership whose only assets were outdated equipment. Partner Ethan Ellis had not waived exhaustion and the partnership was solvent. The court denied Edward's request to levy directly on Ethan's personal residence and required him first to return a writ of execution unsatisfied against the partnership.
Emma Erickson obtained a judgment against Equinox Energy, a limited partnership. The partnership held no liquid assets. General partner Enzo Eastwood had previously signed a side letter stating that creditors could collect directly from him. The court allowed Emma to garnish Enzo's personal brokerage account without first attempting execution against the partnership.
Eva Espinosa held an unsatisfied judgment against Echo Systems, a general partnership whose only assets were several pieces of outdated equipment scattered across three states. Collecting those assets would require multiple sheriffs and months of litigation at a cost exceeding the judgment. The court granted permission to levy directly against partner Ewan Eckhart's personal residence.
Elite Dynamics, a limited partnership, had no cash or bank accounts after its only valuable asset was sold at a foreclosure. A judgment creditor proved that further efforts to locate partnership property would be futile and excessively costly. The court authorized execution against the personal bank account of the sole general partner, Emerald Enterprises.
A creditor may proceed directly when the partner has agreed to waive exhaustion, when the partnership is in bankruptcy, when a writ of execution against the partnership has been returned unsatisfied, when a court finds partnership assets clearly insufficient or exhaustion excessively burdensome, or when the partner's liability arises independently of the partnership.
Supporting sources
Eric Espinoza challenged the termination of his disability benefits in federal court. He had never requested reconsideration or a hearing before the agency. The court dismissed the action, holding that Eric had not exhausted the available administrative remedies and that his constitutional claim was not collateral to the benefits determination.
The exhaustion requirement is not jurisdictional and may be excused when the constitutional claim is collateral to the substantive benefits claim and when requiring exhaustion would not further the purposes of the doctrine.
Supporting sources
…as they do so after “a quite extensive discussion.” Ante, at 8. In our democracy, debate about the content of the law is not an exhaustion requirement to be checked off before courts can impose their will. “Surely the Constitution does not put either the legislative branch or the executive branch in the position of a…