A judgment entered against a partnership in its firm name is enforceable only against property of the partnership and does not constitute a lien upon real estate other than that held in the firm name.
12-102.Judgment against partnership.
Article XII. Judgments - Enforcement · Part 1. In General · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceA judgment entered against a partnership in its firm name can be enforced only against partnership property, not against real estate a partner holds in their own name.
Full Text of 735 ILCS 5/12-102
Plain-English Summary
When a creditor sues and wins against a partnership using its firm name, the resulting judgment reaches only property belonging to the partnership. It doesn't attach to real estate a partner owns individually, and it doesn't become a lien on anything except property the firm itself holds.
This keeps firm liabilities and personal assets separate at the enforcement stage. A creditor who wants to reach an individual partner's real estate needs a judgment against that partner directly, not just against the partnership.
Frequently Asked Questions
Can a judgment against a partnership be enforced against a partner's personal real estate?
No. A judgment entered against a partnership in its firm name is enforceable only against partnership property.
Does a firm-name judgment create a lien on land titled to an individual partner?
No. The section limits the lien to real estate held in the firm name.
What property can a creditor reach with a firm-name judgment?
Property belonging to the partnership itself.
Why does Illinois separate partnership judgments from partners' personal assets this way?
The statute keeps the firm's liabilities distinct from what each partner owns individually, so a judgment against the firm doesn't automatically reach a partner's own real estate.
Is there a similar rule for judgments against trustees or other fiduciaries?
Yes, a related limitation for people holding property in a representative capacity appears in Section 12-103.
Amendment History
(Source: P.A. 82-280.)
Source & verification. Section text and amendment history are
reproduced verbatim from the Illinois Compiled Statutes, published by the
Illinois Compiled Statutes, Illinois General Assembly / Legislative Reference Bureau. Last verified July 20, 2026.
· Official source
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