Partnerships, apart from limited liability partnerships, are not a legal entity, rather a collection of individuals trading together.

As such, the partners are liable for the debt of the business and this liability is not limited.

If the creditor wishes to enforce the writ at the private residence of a partner, it is important that the partner is identified personally in the writ, so as to avoid potential third party claims after enforcement.

As a word of warning, if the writ is solely against a partner, and not the business or other partners, then seizing the assets of the partnership may also give rise to a claim by the other partners, looking to recover the business’s assets.

The creditor is not permitted to seize the partnership’s assets if the debt is a personal debt owed by one partner (rather than a debt owed by the business). However, the creditor may seek a charging order over the partner’s share of the partnership assets.

David Asker

David is an authorised High Court Enforcement Officer and our Director of Corporate Governance