Enforcement against partnerships
By David Asker on
Partnerships, apart from limited liability partnerships, are not a legal entity, rather a collection of individuals trading together.
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 is an authorised High Court Enforcement Officer and our Director of Corporate Governance