Rule 3-649.Charging order
District Court · Last amended April 1, 2022 · Last verified July 13, 2026
Full Text of Rule 3-649
Amendment History
Amended Nov. 9, 1994, effective Jan. 1, 1995; Nov. 12, 2003, effective Jan. 1, 2004; February 9, 2022, effective April 1, 2022.
Committee Note & Source
Source. This Rule is new.
Plain-English Summary
A partner's stake in a partnership, or a member's economic interest in a limited liability company, isn't property a sheriff can just seize. Rule 3-649 gives the judgment creditor a different tool: a written request to the court where the judgment was entered or recorded for an order charging that interest with payment of what's owed. The court can go further than just charging the interest — it can order other relief it finds necessary, including appointing a receiver over the debtor's share of partnership or LLC profits and any other money that becomes due to the debtor because of that interest.
The charging order gets served on the partnership or LLC itself, the same way process is served to obtain personal jurisdiction, and can be served inside or outside the county. Promptly afterward, the person who served it mails a copy of both the request and the order to the debtor's last known address, and proof of that service and mailing gets filed with the court. This keeps the debtor in the loop even though the order runs against the business entity, not the debtor directly.
Frequently Asked Questions
What is a charging order?
A court order that charges a judgment debtor's partnership interest or LLC economic interest with payment of the amounts due on the judgment, obtained by written request to the court where the judgment was entered or recorded.
Does a charging order disrupt the partnership or LLC itself?
The order reaches the debtor's economic interest — the right to profits and distributions — rather than seizing partnership or LLC property outright. The court can also appoint a receiver over the debtor's share of profits and other money due the debtor because of that interest.
Who has to be served with the charging order?
The partnership or limited liability company, in the same manner used to serve process for personal jurisdiction. The debtor then has to be mailed a copy of the request and order at their last known address, with proof of that service and mailing filed with the court.