486.28  Partner's interest subject to charging order.

1.  On due application to a competent court by any judgment creditor of a partner, the court which entered the judgment, order, or decree, or any other court, may charge the interest of the debtor partner with payment of the unsatisfied amount of the judgment debt with interest thereon; and may then or later appoint a receiver of the debtor partner's share of the profits, and of any other money due or to fall due to the debtor partner in respect of the partnership, and make all other orders, directions, accounts and inquiries which the debtor partner might have made, or which the circumstances of the case may require.

2.  The interest charged may be redeemed at any time before foreclosure, or in case of a sale being directed by the court may be purchased without thereby causing a dissolution:

a.  With separate property, by any one or more of the partners, or

b.  With partnership property, by any one or more of the partners with the consent of all the partners whose interests are not so charged or sold.

3.  Nothing in this chapter shall be held to deprive a partner of the partner's right, if any, under the exemption laws, as regards the partner's interest in the partnership.

Section History: Early form

  [C73, 75, 77, 79, 81, § 544.28]

Section History: Recent form

  C93, § 486.28

Internal References

  Referred to in § 486.32


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