The 2023 Florida Statutes (including Special Session C)

Title XXXVI
BUSINESS ORGANIZATIONS

Chapter 620
PARTNERSHIP LAWS

View Entire Chapter

F.S. 620.1703

620.1703 Rights of creditor of partner or transferee.—

(1) On application to a court of competent jurisdiction by any judgment creditor of a partner or transferee, the court may charge the partnership interest of the partner or transferable interest of a transferee with payment of the unsatisfied amount of the judgment with interest. To the extent so charged, the judgment creditor has only the rights of a transferee of the partnership interest.

(2) This act shall not deprive any partner or transferee of the benefit of an exemption law applicable to the partner’s partnership or transferee’s transferable interest.

(3) This section provides the exclusive remedy which a judgment creditor of a partner or transferee may use to satisfy a judgment out of the judgment debtor’s interest in the limited partnership or transferable interest. Other remedies, including foreclosure on the partner’s interest in the limited partnership or a transferee’s transferable interest and a court order for directions, accounts, and inquiries that the debtor general or limited partner might have made, are not available to the judgment creditor attempting to satisfy the judgment out of the judgment debtor’s interest in the limited partnership and may not be ordered by a court.

History.—s. 17, ch. 2005-267.

F.S. 620.1703 on Google Scholar

F.S. 620.1703 on Casetext

Amendments to 620.1703

Arrestable Offenses / Crimes under Fla. Stat. 620.1703

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 620.1703.

Annotations, Discussions, Cases:

Cases from cite.case.law:

M. LEFKOWITZ, v. QUALITY LABOR MANAGEMENT, LLC,, 159 So. 3d 147 (Fla. Dist. Ct. App. 2014)

. . . Sections 608.433(5) and 620.1703(3), Florida Statutes (2013) provide, as a general rule, that a charging . . .

C. MARTINEAU, v. BANCO POPULAR NORTH AMERICA,, 77 So. 3d 925 (Fla. Dist. Ct. App. 2012)

. . . Martineau argues that the trial court’s order is in direct violation of the plain language of section 620.1703 . . . charged, the judgment creditor has only the rights of a transferee of the partnership interest.” § 620.1703 . . . of a partner or transferee may use to satisfy a judgment out of the judgment debtor’s interest.” § 620.1703 . . .

OLMSTEAD, v. FEDERAL TRADE COMMISSION,, 44 So. 3d 76 (Fla. 2010)

. . . With respect to limited partnership interests, the charging order remedy is established in section 620.1703 . . . judgment out of the judgment debtor’s interest in the limited partnership or transferable interest.” § 620.1703 . . .