(a) A partnership may sue or be sued in the names of the partners as individuals doing business as the partnership, or in the firm name, or both.
2-411.Actions by or against partnerships.
Article II. Civil Practice · Part 4. Parties · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceSection 2-411 lets a partnership sue or be sued in the partners' individual names, in the firm name, or both, and makes clear that an unsatisfied judgment against the firm name doesn't stop enforcement against an individual partner.
Full Text of 735 ILCS 5/2-411
(b) An unsatisfied judgment against a partnership in its firm name does not bar an action to enforce the individual liability of any partner.
Plain-English Summary
A partnership can bring or defend a lawsuit in the names of its individual partners doing business as the partnership, in the firm name itself, or both at once.
If a judgment against the partnership in its firm name goes unsatisfied, that doesn't bar a separate action to enforce the individual liability of any partner.
Frequently Asked Questions
How can a partnership sue or be sued in Illinois?
In the names of the partners as individuals doing business as the partnership, in the firm name, or both.
If a judgment against the partnership's firm name isn't satisfied, can a partner still be pursued individually?
Yes. An unsatisfied judgment against a partnership in its firm name does not bar an action to enforce the individual liability of any partner.
Does a plaintiff have to pick between suing the firm and suing the individual partners?
No. The section allows suing in the partners' individual names, the firm name, or both.
Does this section address a partner's underlying liability for partnership debts?
It addresses how a partnership sues or is sued and confirms that an unsatisfied firm-name judgment doesn't bar going after an individual partner; it doesn't itself define the scope of that liability.
Can a defendant be sued as a partnership rather than as individual partners?
Yes. The section allows a partnership to be sued in its firm name.
Amendment History
(Source: P.A. 86-483.)
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
Also known as: suing a partnership illinoispartnership firm name lawsuitindividual partner liability after judgmentsuing partners as individuals