Also known as: levyable · levy · leviable property
Written by attorneys · grounded in primary & secondary sources — see below
An asset or interest subject to seizure in satisfaction of a judgment through execution.
Sylvia obtained a judgment against Apex Auto Parts, L.P. for injuries from a warehouse accident. Dennis, the sole general partner, held a collection of classic cars. Sylvia petitioned the court to authorize a levy on those cars after noting the partnership's encumbered assets. The court evaluated whether Dennis's personal property qualified as leviable under the statutory prerequisites.
Leah secured a defamation judgment against Brock individually. The studio used by Ash Channel stood in the partnership name. Leah sought to execute directly against the studio to satisfy her claim. The court assessed whether the studio counted as leviable property belonging to Brock personally.
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A creditor held an unsatisfied judgment against a limited partnership. Partnership inventory proved encumbered and of uncertain value. The creditor asked the court to permit execution against a general partner's personal holdings. The court considered whether the facts supported treating the partner's assets as leviable.
A partnership judgment creditor faced minimal partnership assets after discovery. The creditor moved for permission to reach a partner's separate property. The partner opposed on grounds that no writ had yet been returned unsatisfied. The court weighed whether equitable considerations rendered the partner's assets leviable.
Union Entertainment challenged federal grant conditions tied to age-restriction laws. The company argued the conditions exceeded congressional authority. The court examined whether the regulatory scheme imposed burdens that functioned as leviable exactions. Resolution turned on the distinction between valid conditions and improper penalties.
A state sought to collect taxes from an out-of-state corporation. The corporation contested the forum's power to reach its assets. The court analyzed whether the corporation's contacts rendered its property leviable within the jurisdiction. The outcome depended on minimum contacts sufficient to support execution.
A judgment creditor may reach a general partner's personal assets only after obtaining a judgment against the partner and satisfying one of the statutory conditions, such as an unsatisfied writ against the partnership, bankruptcy, partner agreement, court permission based on insufficient assets, or independent liability.
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No. A judgment against the partnership is not by itself a judgment against a partner, and a judgment against the partnership may not be satisfied from a partner's assets unless there is also a judgment against the partner.
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A court may authorize levy when partnership assets are clearly insufficient, exhaustion would be excessively burdensome, or equitable considerations support immediate recourse to personal assets.
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Yes. A holder of a fee simple subject to a condition has a present transferable estate that creditors may reach through levy while the condition remains unsatisfied.
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…Act of 1798, 1 Stat. 596, which first crystallized a national awareness of the central meaning of the First Amendment. See Levy, Legacy of Suppression (1960), at 258 et seq.; Smith, Freedom's Fetters (1956), at 426, 431, and passim. That statute made it a crime, punishable by a $5,000 fine and five years in prison,…