A partnership has the procedural capacity to be sued in its partnership name. The partners of an existing partnership may not be sued on a partnership obligation unless the partnership is joined as a defendant.
Art. 737.Partnership; Partners
Title III. Parties · Chapter 3. Parties Defendant · Amendment history unavailable · Last verified July 30, 2026
In one sentenceArticle 737 gives a partnership the capacity to be sued in its own name and bars a suit against individual partners on a partnership debt unless the partnership itself is joined as a defendant.
Full Text of Art. 737
Plain-English Summary
Louisiana law treats a partnership as its own legal person, separate from the individuals who make it up. Article 737 reflects that separateness in procedure: a partnership can be sued in its own partnership name, just as a corporation or an individual can, without needing to name every partner.
The article's second sentence protects that separate identity from the other direction. A creditor cannot skip the partnership and sue individual partners directly on a partnership obligation unless the partnership itself is joined as a defendant in the same action. That rule keeps the partnership's own assets and defenses in play before, or at least alongside, any attempt to reach a partner's personal assets for a partnership debt.
In practice, a plaintiff pursuing a partnership debt should name the partnership as a defendant first, then add any partners whose personal liability the plaintiff also wants to pursue in the same suit, rather than bypassing the partnership entirely.
Frequently Asked Questions
Can I sue a Louisiana partnership directly, in its own name?
Yes. Article 737 gives a partnership the procedural capacity to be sued in its own partnership name, treating it as a distinct party from the individual partners.
Can I sue an individual partner for a partnership debt without suing the partnership itself?
No. Article 737 bars a suit against the partners of an existing partnership on a partnership obligation unless the partnership is joined as a defendant in that same action.
Why does Louisiana require the partnership to be joined before suing individual partners?
Because a partnership is a separate legal person under Louisiana law, with its own assets and defenses. Requiring the partnership to be joined keeps those assets and defenses in the case before a creditor reaches for an individual partner's personal liability.
Source & verification. Article text is reproduced verbatim from
the vLex (Louisiana Code of Civil Procedure, 2026 Edition). Enacted by the Louisiana Legislature.
Last verified July 30, 2026.
· Official source
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