California Code of Civil Procedure 708.320 – (a) A lien on a judgment debtor’s interest in a partnership or …
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(a) A lien on a judgment debtor‘s interest in a partnership or limited liability company is created by service of a notice of motion for a charging order on the judgment debtor and on either of the following:
(1) All partners or the partnership.
Terms Used In California Code of Civil Procedure 708.320
- debtor: means the debtor from whom the liability is sought to be collected. See California Code of Civil Procedure 688.040
- Lien: A claim against real or personal property in satisfaction of a debt.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
(2) All members or the limited liability company.
(b) If a charging order is issued, the lien created pursuant to subdivision (a) continues under the terms of the order. If issuance of the charging order is denied, the lien is extinguished.
(Amended by Stats. 2002, Ch. 451, Sec. 2. Effective January 1, 2003.)