§ 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
Full Text of § 708.310
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.