Actions by and against partnership and partners.
R.I. Gen. Laws § 7-12.1-307
in effect7-12.1-307. Actions by and against partnership and partners.
(a) A partnership may sue and be sued in the name of the partnership.
(b) To the extent not inconsistent with § 7-12.1-306, a partner may be joined in an action against the partnership or named in a separate
action.
(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 § 7-12.1-306 and:
(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 debt, liability, or other obligation of a partnership
which results from a representation by a partner or purported partner under § 7-12.1-308.
P.L. 2022, ch. 123, § 2, effective January 1, 2023; P.L. 2022, ch. 124, § 2, effective
January 1, 2023.
Source: State of Rhode Island General Assembly (rilegislature.gov)URL: https://webserver.rilegislature.gov/Statutes/TITLE7/7-12.1/7-3/7-12.1-307.htmFetched: 10/20/2026