Rule 2132.Effect of judgments.

How the plaintiff named the partnership decides what a judgment can reach. A judgment against a defendant partnership sued in its firm name only supports execution upon the partnership property only. A judgment against a partnership sued in the names of the partners as individuals trading in the firm name supports execution upon the partnership property and upon the individual property of any partner named as a party.

Subdivision (b) attaches conditions to reaching a partner’s own property: jurisdiction must have been validly obtained as provided by Rule 2131, and the requirements of subdivision (c) must be met. Both cross-references now point at rescinded text. Rule 2131, on service of process, is listed as rescinded, and subdivision (c) was rescinded because, the Official Note explains, notice is now provided by Rule 237.1, which requires written notice of intention before a judgment of non pros or by default is entered by praecipe.

Rule 2128 gives the plaintiff the choice of naming, and Rule 2133 governs how each judgment is indexed. A partner left out of the action is not freed: Rule 2134 permits a later action on the same cause against a partner who was not individually named.