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§ 708.310.Judgment Rendered Against Partner Or Member of Limited Liability Company

Title 9. Enforcement of Judgments · Division 2 · Chapter 6. Miscellaneous Creditors' Remedies · Article 4. Charging Orders · Last amended 2022 · Last verified July 28, 2026

In one sentenceSection 708.310 lets a creditor with a money judgment against a partner or LLC member, but not against the partnership or LLC itself, reach the debtor's interest in that entity through a charging order issued under the applicable Corporations Code partnership or LLC statute.

Full Text of § 708.310

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If a money judgment is rendered against a partner or member but not against the partnership or limited liability company, the judgment debtor's interest in the partnership or limited liability company may be applied toward the satisfaction of the judgment by an order charging the judgment debtor's interest pursuant to Section 15907.03, 16504, or 17705.03 of the Corporations Code.

Plain-English Summary

This section opens Article 4 and introduces a narrower remedy than ordinary levy. When a money judgment runs against an individual partner or LLC member, but not against the partnership or LLC itself, the creditor cannot levy directly on the entity's own property — the judgment doesn't reach that far. What the creditor can reach is the debtor's own interest in the partnership or LLC, and the tool for reaching it is a charging order.

The charging order itself is issued under whichever Corporations Code provision fits the entity — § 15907.03 for a limited partnership, § 16504 for a general partnership, or § 17705.03 for a limited liability company. Those statutes, not this title, supply the actual mechanics of what a charging order does and how a court grants one; this section is what authorizes using that mechanism to enforce a money judgment under this title.

This distinction matters because a charging order is deliberately limited. It reaches the debtor's economic interest — typically distributions the entity would otherwise pay the debtor — without letting the creditor seize partnership or LLC property directly or force the entity's dissolution or sale, protections the other partners or members would otherwise lose through no fault of their own.

Frequently Asked Questions

When can a creditor use a charging order against a partnership or LLC interest?

When the money judgment runs against an individual partner or member, but not against the partnership or limited liability company itself.

What does a charging order let the creditor reach?

The debtor's own interest in the partnership or LLC — not the entity's property directly.

Which statutes govern how a charging order is issued?

Corporations Code § 15907.03 for a limited partnership, § 16504 for a general partnership, and § 17705.03 for a limited liability company.

Why can't the creditor just levy on the partnership's or LLC's own property?

Because the judgment wasn't rendered against the entity itself, only against the individual partner or member, so the charging order remedy exists specifically to reach that person's interest without disturbing the entity's other owners.

Amendment History

Amended by Stats 2021 ch 124 (AB 938),s 12, eff. 1/1/2022. Amended by Stats 2012 ch 419 (SB 323),s 4, eff. 1/1/2013, op. 1/1/2014. Amended by Stats 2002 ch 451 (AB 2355),s 1, eff. 1/1/2003.

Source & verification. Section text is reproduced verbatim from the Deering's California Codes Annotated / vLex. Enacted by the California Legislature. Last verified July 28, 2026. · Official source
Also known as: charging order californiareaching llc interest judgment californiapartnership interest judgment debtor california