Texas Codes
Tex. Bus. Orgs. Code § 101.112 (2026)
Member's Membership Interest Subject To Charging Order
✓ laws through the 89th Legislature (2025)
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Sec. 101.112. MEMBER'S MEMBERSHIP INTEREST SUBJECT TO CHARGING ORDER. (a) On application by a judgment creditor of a member of a limited liability company or of any other owner of a membership interest in a limited liability company, a court having jurisdiction may charge the membership interest of the judgment debtor to satisfy the judgment.
(b) If a court charges a membership interest with payment of a judgment as provided by Subsection (a), the judgment creditor has only the right to receive any distribution to which the judgment debtor would otherwise be entitled in respect of the membership interest.
(c) A charging order constitutes a lien on the judgment debtor's membership interest. The charging order lien may not be foreclosed on under this code or any other law.
(d) The entry of a charging order is the exclusive remedy by which a judgment creditor of a member or of any other owner of a membership interest may satisfy a judgment out of the judgment debtor's membership interest.
(e) This section may not be construed to deprive a member of a limited liability company or any other owner of a membership interest in a limited liability company of the benefit of any exemption laws applicable to the membership interest of the member or owner.
(f) A creditor of a member or of any other owner of a membership interest does not have the right to obtain possession of, or otherwise exercise legal or equitable remedies with respect to, the property of the limited liability company.
(g) This section applies to both single-member limited liability companies and multiple-member limited liability companies.
Acts 2003, 78th Leg., ch. 182, Sec. 1, eff. Jan. 1, 2006.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 688 (H.B. 1737), Sec. 98, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 84 (S.B. 1442), Sec. 40, eff. September 1, 2009.
Acts 2023, 88th Leg., R.S., Ch. 972 (S.B. 2314), Sec. 1, eff. September 1, 2023.
Notes of Decisions
Cited in 17
cases (7 in the last 5 years), 2014–2026 · leading case: Spates v. Off. of Attorney Gen., 485 S.W.3d 546 (Tex. App.—Houston [14th Dist.] 2016).
Spates v. Off. of Attorney Gen., 485 S.W.3d 546 (Tex. App.—Houston [14th Dist.] 2016). “See Tex. Bus. Orgs.Code § 101.112. The charging order statute provides: (a) On application by a judgment creditor of-a member of a limited liability company or of any other owner of a membership interest in a limited liability company, a court having jurisdiction may charge the…”
Pajooh v. Royal West Investments LLC, 518 S.W.3d 557 (Tex. App.—Houston [1st Dist.] 2017). “See Tex. Bus. Orgs. Code §§ 101.112(d), 153.256(d).”
Sargeant v. Al Saleh, 512 S.W.3d 399 (Tex. App.—Corpus Christi 2016). “See Tex. Bus. Org.Code Ann. § 101.112 (West, Westlaw through 2015 R.”
Jiao v. Xu, 28 F.4th 591 (5th Cir. 2022). “Tex. Bus. Orgs. Code § 101.112(d). This contention lacks merit because the district court’s declaratory relief does not implicate § 101.”
Gillet v. Zupt, LLC, 523 S.W.3d 749 (Tex. App.—Houston [14th Dist.] 2017). “See Tex. Bus. Orgs. Code Ann. § 101.112 (a) (Vernon 2012).”
Richard Alan Clark v. Clark, 546 S.W.3d 268 (Tex. App.—El Paso 2017). “TEX.BUS.ORGS.CODE ANN. § 101.112(d) ("The entry of a charging order is the exclusive remedy by which a judgment creditor of a member or of any other owner of a membership interest may satisfy a judgment out of the judgment debtor's membership interest.”
Thomas v. Hughes, 27 F.4th 363 (5th Cir. 2022). “If a charging order is issued, “the judgment creditor has only the right to receive any distribution to which the judgment debtor would otherwise be entitled in respect of the membership interest.”
Gonzalez Obregon v. Romo, No. 4:24-cv-03371 (S.D. Tex. June 24, 2025). “3d at 839 (citing Tex. Bus. Orgs. Code § 101.112(a)). “A charging order provides only the right to receive any distribution from the limited liability company to which the judgment debtor would be entitled” and “is a lien on the judgment debtor’s membership interest that may not…”
In re Prodigy Servs., LLC, No. 14-14-00248-CV, 2014 WL 2936928 (Tex. App.—Houston [14th Dist.] June 26, 2014). “2013) (citing Tex. Bus. Orgs. Code Ann. § 101.112 ).5 A judgment creditor of a 4 Prodigy further argues in connection with this issue that the child support liens are improperly attached to the underlying case.”
Robert Klinek v. Luxeyard, Inc., 672 S.W.3d 830 (Tex. App.—Houston [14th Dist.] 2023). “A judgment creditor of a member of a limited liability company may enforce a judgment against that member by requesting a charging order against the member’s interest in the company.”
Canada v. Sherman, 167 F.4th 280 (5th Cir. 2026). “(f) A creditor of a member or of any other owner of a membership interest does not have the right to obtain possession of, or otherwise exercise legal or equitable remedies with respect to, the property of the limited liability company.”
Harry Sargeant III & BTB Refining, LLC v. Mohammad Anwar Farid Al-Saleh, No. 13-15-00327-CV (Tex. App.—Corpus Christi Aug. 31, 2015). “TEX. Bus. ORG. CODE § 101.112(b) (judgment creditor with charging order has "only the right to receive any distribution to which the judgment creditor would otherwise be entitled in respect of the membership interest").”
Tex. Bus. Orgs. Code § 101.112(a): 3 cases
Spates v. Off. of Attorney Gen., 485 S.W.3d 546 (Tex. App.—Houston [14th Dist.] 2016). “See Tex. Bus. Orgs.Code § 101.112. The charging order statute provides: (a) On application by a judgment creditor of-a member of a limited liability company or of any other owner of a membership interest in a limited liability company, a court having jurisdiction may charge the…”
Robert Klinek v. Luxeyard, Inc., 672 S.W.3d 830 (Tex. App.—Houston [14th Dist.] 2023). “A judgment creditor of a member of a limited liability company may enforce a judgment against that member by requesting a charging order against the member’s interest in the company.”
Gonzalez Obregon v. Romo, No. 4:24-cv-03371 (S.D. Tex. June 24, 2025). “3d at 839 (citing Tex. Bus. Orgs. Code § 101.112(a)). “A charging order provides only the right to receive any distribution from the limited liability company to which the judgment debtor would be entitled” and “is a lien on the judgment debtor’s membership interest that may not…”
Tex. Bus. Orgs. Code § 101.112(b): 4 cases
Spates v. Off. of Attorney Gen., 485 S.W.3d 546 (Tex. App.—Houston [14th Dist.] 2016). “See Tex. Bus. Orgs.Code § 101.112. The charging order statute provides: (a) On application by a judgment creditor of-a member of a limited liability company or of any other owner of a membership interest in a limited liability company, a court having jurisdiction may charge the…”
Robert Klinek v. Luxeyard, Inc., 672 S.W.3d 830 (Tex. App.—Houston [14th Dist.] 2023). “A judgment creditor of a member of a limited liability company may enforce a judgment against that member by requesting a charging order against the member’s interest in the company.”
Gonzalez Obregon v. Romo, No. 4:24-cv-03371 (S.D. Tex. June 24, 2025). “3d at 839 (citing Tex. Bus. Orgs. Code § 101.112(a)). “A charging order provides only the right to receive any distribution from the limited liability company to which the judgment debtor would be entitled” and “is a lien on the judgment debtor’s membership interest that may not…”
Harry Sargeant III & BTB Refining, LLC v. Mohammad Anwar Farid Al-Saleh, No. 13-15-00327-CV (Tex. App.—Corpus Christi Aug. 31, 2015). “TEX. Bus. ORG. CODE § 101.112(b) (judgment creditor with charging order has "only the right to receive any distribution to which the judgment creditor would otherwise be entitled in respect of the membership interest").”
Tex. Bus. Orgs. Code § 101.112(c): 1 case
Gonzalez Obregon v. Romo, No. 4:24-cv-03371 (S.D. Tex. June 24, 2025). “3d at 839 (citing Tex. Bus. Orgs. Code § 101.112(a)). “A charging order provides only the right to receive any distribution from the limited liability company to which the judgment debtor would be entitled” and “is a lien on the judgment debtor’s membership interest that may not…”
Tex. Bus. Orgs. Code § 101.112(d): 5 cases
Pajooh v. Royal West Investments LLC, 518 S.W.3d 557 (Tex. App.—Houston [1st Dist.] 2017). “See Tex. Bus. Orgs. Code §§ 101.112(d), 153.256(d).”
Jiao v. Xu, 28 F.4th 591 (5th Cir. 2022). “Tex. Bus. Orgs. Code § 101.112(d). This contention lacks merit because the district court’s declaratory relief does not implicate § 101.”
Richard Alan Clark v. Clark, 546 S.W.3d 268 (Tex. App.—El Paso 2017). “TEX.BUS.ORGS.CODE ANN. § 101.112(d) ("The entry of a charging order is the exclusive remedy by which a judgment creditor of a member or of any other owner of a membership interest may satisfy a judgment out of the judgment debtor's membership interest.”
Canada v. Sherman, 167 F.4th 280 (5th Cir. 2026). “(f) A creditor of a member or of any other owner of a membership interest does not have the right to obtain possession of, or otherwise exercise legal or equitable remedies with respect to, the property of the limited liability company.”
Harry Sargeant III & BTB Refining, LLC v. Mohammad Anwar Farid Al-Saleh, No. 13-15-00327-CV (Tex. App.—Corpus Christi Aug. 31, 2015). “TEX. Bus. ORG. CODE § 101.112(b) (judgment creditor with charging order has "only the right to receive any distribution to which the judgment creditor would otherwise be entitled in respect of the membership interest").”
Tex. Bus. Orgs. Code § 101.112(f): 1 case
Richard Alan Clark v. Clark, 546 S.W.3d 268 (Tex. App.—El Paso 2017). “TEX.BUS.ORGS.CODE ANN. § 101.112(d) ("The entry of a charging order is the exclusive remedy by which a judgment creditor of a member or of any other owner of a membership interest may satisfy a judgment out of the judgment debtor's membership interest.”
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