Also known as: levies of execution · levying of execution · execution levy · levy execution
Written by attorneys · grounded in primary & secondary sources — see below
An enforcement procedure by which a sheriff or other authorized officer seizes a judgment debtor's property under a writ of execution to satisfy the judgment debt.
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Layla Lane obtained a money judgment against Lunar Dynamics LP after the partnership defaulted on a supply contract. She caused a writ of execution to issue against the partnership accounts, but the sheriff collected only a fraction of the amount due and returned the writ unsatisfied. Layla then directed the sheriff to seize personal assets of the general partner who bore personal liability for the underlying obligation.
Leo Lynch secured a judgment against Lexicon Media, a general partnership, for unpaid advertising services. The sheriff executed against the firm's bank accounts and equipment but recovered only part of the award before returning the writ unsatisfied. Leo then proceeded to levy on the personal assets of a partner who was personally liable for the partnership debt.
Lucy Liu held a judgment against Lakewood Manufacturing LP that exceeded the value of the partnership's reachable equipment and inventory. After demonstrating that further execution efforts would be excessively burdensome, she petitioned the court for permission to levy directly on the general partner's personal residence. The court granted the request upon finding that partnership assets were clearly insufficient.
Luis Lopez obtained a judgment against Lone Peak Energy, a general partnership, for breach of a services agreement. The partnership's remaining assets proved clearly insufficient after partial execution, and Lopez sought court permission to levy on a partner's vacation property. The court authorized the levy after determining that exhaustion would be excessively burdensome.
The creditor must hold a judgment against the limited partnership on the same claim and either obtain a judgment against the general partner or meet one of the statutory exceptions. Those exceptions include an unsatisfied writ of execution against partnership assets, partnership bankruptcy, the partner's agreement to forgo exhaustion, court permission based on insufficiency or burden, or independent liability of the partner.
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…that could not save the judgment from its due process infirmity, since it and the New York practice purport to authorize the levy of execution before petitioner is notified of the proceeding or the judgment. Since by virtue of the due process clause the judgment is ineffective in New York to adjudicate petitioner's rights for…
…of New Jersey. It is an action of ejectment in which both parties claim title under Samuel Swartwout: the plaintiffs under a
No. A judgment against the partnership is not by itself a judgment against any general partner, and the creditor must satisfy additional statutory conditions before reaching personal assets.
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A court may grant permission upon a finding that partnership assets subject to execution are clearly insufficient to satisfy the judgment, that exhaustion would be excessively burdensome, or that permission is an appropriate exercise of equitable powers.
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Bankruptcy of the partnership satisfies one of the statutory conditions that permits a judgment creditor to levy execution against the personal assets of a general partner who is personally liable for the claim.
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Yes, unless the partner has agreed to forgo exhaustion, the partnership is in bankruptcy, a court grants permission based on insufficiency or burden, or the partner bears independent liability.
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