ILCS » Chapter 805 · Act 206
Illinois Compiled Statutes

805 ILCS 206/307 (2026)

Actions by and against partnership and partners

✓ current as of May 2026
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(805 ILCS 206/307)
    Sec. 307. Actions by and against partnership and partners.
    (a) A partnership may sue and be sued in the name of the partnership.
    (b) An action may be brought against the partnership and, to the extent not inconsistent with Section 306 of this Act, any or all of the partners in the same action or in separate actions.
    (c) A judgment against a partnership is not by itself a judgment against a partner. A judgment against a partnership may not be satisfied from a partner's assets unless there is also a judgment against the partner.
    (d) A judgment creditor of a partner may not levy execution against the assets of the partner to satisfy a judgment based on a claim against the partnership unless the partner is personally liable for the claim under Section 306 and:
        (1) a judgment based on the same claim has been
    
obtained against the partnership and a writ of execution on the judgment has been returned unsatisfied in whole or in part;
        (2) the partnership is a debtor in bankruptcy;
        (3) the partner has agreed that the creditor need not
    
exhaust partnership assets;
        (4) a court grants permission to the judgment
    
creditor to levy execution against the assets of a partner based on a finding that partnership assets subject to execution are clearly insufficient to satisfy the judgment, that exhaustion of partnership assets is excessively burdensome, or that the grant of permission is an appropriate exercise of the court's equitable powers; or
        (5) liability is imposed on the partner by law or
    
contract independent of the existence of the partnership.
    (e) This Section applies to any partnership liability or obligation resulting from a representation by a partner or purported partner under Section 308 of this Act.
(Source: P.A. 92-740, eff. 1-1-03.)

    
Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 2014–2022 · leading case: Daniels v. Venta Corp., 2022 IL App (2d) 210244 (Ill. App. Ct. 2022).
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Daniels v. Venta Corp., 2022 IL App (2d) 210244 (Ill. App. Ct. 2022). “¶ 46 Based on the parties’ agreement, and the fact that a secondary-liability claim against a partner may be brought in the same action as one against the partnership (805 ILCS 206/307(b) (West 2020)), we determine that the plaintiff’s action against Boey is not premature.”
Andrews v. Gonzalez, 2014 IL App (1st) 140342 (Ill. App. Ct. 2014). · cites it 6× “” 735 ILCS 5/2-411(a) (West 2012); see also 805 ILCS 206/307(a) (West 2012) (“A partnership may sue and be sued in the -4- name of the partnership.”
Andrews v. Gonzalez, 2014 IL App (1st) 140342 (Ill. App. Ct. 2014). · cites it 5× “" 735 ILCS 5/2-411(a) (West 2012); see also 805 ILCS 206/307(a) (West 2012) ("A partnership may sue and be sued in the name of the partnership.”
— 805 ILCS 206/307(a) — 2 cases
Andrews v. Gonzalez, 2014 IL App (1st) 140342 (Ill. App. Ct. 2014). “” 735 ILCS 5/2-411(a) (West 2012); see also 805 ILCS 206/307(a) (West 2012) (“A partnership may sue and be sued in the -4- name of the partnership.”
Andrews v. Gonzalez, 2014 IL App (1st) 140342 (Ill. App. Ct. 2014). “" 735 ILCS 5/2-411(a) (West 2012); see also 805 ILCS 206/307(a) (West 2012) ("A partnership may sue and be sued in the name of the partnership.”
— 805 ILCS 206/307(b) — 3 cases
Daniels v. Venta Corp., 2022 IL App (2d) 210244 (Ill. App. Ct. 2022). “¶ 46 Based on the parties’ agreement, and the fact that a secondary-liability claim against a partner may be brought in the same action as one against the partnership (805 ILCS 206/307(b) (West 2020)), we determine that the plaintiff’s action against Boey is not premature.”
Andrews v. Gonzalez, 2014 IL App (1st) 140342 (Ill. App. Ct. 2014). “” 735 ILCS 5/2-411(a) (West 2012); see also 805 ILCS 206/307(a) (West 2012) (“A partnership may sue and be sued in the -4- name of the partnership.”
Andrews v. Gonzalez, 2014 IL App (1st) 140342 (Ill. App. Ct. 2014). “" 735 ILCS 5/2-411(a) (West 2012); see also 805 ILCS 206/307(a) (West 2012) ("A partnership may sue and be sued in the name of the partnership.”
— 805 ILCS 206/307(c) — 2 cases
Andrews v. Gonzalez, 2014 IL App (1st) 140342 (Ill. App. Ct. 2014). “” 735 ILCS 5/2-411(a) (West 2012); see also 805 ILCS 206/307(a) (West 2012) (“A partnership may sue and be sued in the -4- name of the partnership.”
Andrews v. Gonzalez, 2014 IL App (1st) 140342 (Ill. App. Ct. 2014). “" 735 ILCS 5/2-411(a) (West 2012); see also 805 ILCS 206/307(a) (West 2012) ("A partnership may sue and be sued in the name of the partnership.”
— 805 ILCS 206/307(d) — 2 cases
Andrews v. Gonzalez, 2014 IL App (1st) 140342 (Ill. App. Ct. 2014). “” 735 ILCS 5/2-411(a) (West 2012); see also 805 ILCS 206/307(a) (West 2012) (“A partnership may sue and be sued in the -4- name of the partnership.”
Andrews v. Gonzalez, 2014 IL App (1st) 140342 (Ill. App. Ct. 2014). “" 735 ILCS 5/2-411(a) (West 2012); see also 805 ILCS 206/307(a) (West 2012) ("A partnership may sue and be sued in the name of the partnership.”
— 805 ILCS 206/307(d)(5) — 1 case
Andrews v. Gonzalez, 2014 IL App (1st) 140342 (Ill. App. Ct. 2014). “” 735 ILCS 5/2-411(a) (West 2012); see also 805 ILCS 206/307(a) (West 2012) (“A partnership may sue and be sued in the -4- name of the partnership.”
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