Vermont Statutes Annotated

Vt. Stat. Ann. tit. 12, § 5060 (2026)

Action for unpaid balance

✓ current as of May 2026

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(Cite as: 12 V.S.A. § 5060)

§ 5060. Action for unpaid balance

When execution on a judgment obtained against a partnership, association, or company in its firm, associate, or company name is returned unsatisfied in whole or in part, an action of contract for the amount unpaid may be brought against any or all of the partners, associates, or shareholders upon their original liability, provided that only one such action shall be brought and maintained at the same time. If the execution issued in the last named action is returned unsatisfied in whole or in part, subsequent actions may in like manner be maintained for the amount unpaid.

Notes of Decisions

Cited in 2 cases (1 in the last 5 years), 2012–2024 · leading case: Daniels v. Elks Club of Hartford & the Human Rights Comm'n, 2012 VT 55 (Vt. 2012).

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Daniels v. Elks Club of Hartford & the Human Rights Comm'n, 2012 VT 55 (Vt. 2012). · cites it 17× “More importantly for the present purposes, the liability of members for a resulting judgment against an unincorporated association is governed by 12 V.S.A. § 5060, which provides: When execution on a judgment obtained against a partnership, association or company in its firm,…”

seedway v. Ne. Agric. (Vt. Super. Ct. 2024). “In Daniels, the Vermont Supreme Court allowed a judgment creditor to seek payments and contributions from individual members of the Hartford Elks Club based on the fact that the Club had allowed its corporate registration to lapse for 19 years and effectively acted to…”

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