Wash. Rev. Code » Title 25 · Chapter 25.05
Revised Code of Washington

Wash. Rev. Code § 25.05.130 (2026)

Actions by and against partnership and partners

✓ current as of May 2026
Find cases: SyfertCases citing this section WA-LEGapp.leg.wa.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar
(1) A partnership may sue and be sued in the name of the partnership.
(2) An action may be brought against the partnership and, to the extent not inconsistent with RCW 25.05.125, any or all of the partners in the same action or in separate actions.
(3) 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.
(4) 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 RCW 25.05.125, and:
(a) 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;
(b) The partnership is a debtor in bankruptcy;
(c) The partner has agreed that the creditor need not exhaust partnership assets;
(d) 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
(e) Liability is imposed on the partner by law or contract independent of the existence of the partnership.
(5) This section applies to any partnership liability or obligation resulting from a representation by a partner or purported partner under RCW 25.05.135.
[ 1998 c 103 s 307.]
Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 2006–2022 · leading case: Gildon v. Simon Prop. Grp., Inc., 145 P.3d 1196 (Wash. 2006).
Sort: Relevance Newest Treatment
Gildon v. Simon Prop. Grp., Inc., 145 P.3d 1196 (Wash. 2006). · cites it 25× “The discretionary language of the other provisions *1206 of RCW 25.05.130 supports our reading: (1) A partnership may sue and be sued in the name of the partnership.”
Gildon v. Simon Prop. Grp., Inc., 158 Wash. 2d 483 (Wash. 2006). · cites it 23× “The discretionary language of the other provisions of RCW 25.05.130 supports our reading: (1) A partnership may sue and be sued in the name of the partnership.”
Int'l Marine Underwriters v. ABCD Marine, LLC, 313 P.3d 395 (Wash. 2013). · cites it 3× “5; see RCW 25.05.130 (Unif. P’ship Act § 307(a)).”
Rabo AgriFinance LLC v. Easterday (E.D. Wash. 2022). · cites it 4× “2 Wash. Rev. Code 25.05.130 provides in part: 3 (4) A judgment creditor of a partner may not levy execution against the 4 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 RCW 5 25.”
Int'l Marine Underwriters v. ABCD Marine, LLC (Wash. 2013). · cites it 3× “Other examples of how RUPA' s emphasis on the entity theory has changed partnership law include the fact that RUP A enables a partnership to sue and be sued in the name of the partnership and the fact that partners who embezzle from the partnership are now subject to the same…”
— Wash. Rev. Code § 25.05.130(1) — 2 cases
Gildon v. Simon Prop. Grp., Inc., 145 P.3d 1196 (Wash. 2006). “The discretionary language of the other provisions *1206 of RCW 25.05.130 supports our reading: (1) A partnership may sue and be sued in the name of the partnership.”
Gildon v. Simon Prop. Grp., Inc., 158 Wash. 2d 483 (Wash. 2006). “The discretionary language of the other provisions of RCW 25.05.130 supports our reading: (1) A partnership may sue and be sued in the name of the partnership.”
— Wash. Rev. Code § 25.05.130(4) — 4 cases
Gildon v. Simon Prop. Grp., Inc., 145 P.3d 1196 (Wash. 2006). “The discretionary language of the other provisions *1206 of RCW 25.05.130 supports our reading: (1) A partnership may sue and be sued in the name of the partnership.”
Gildon v. Simon Prop. Grp., Inc., 158 Wash. 2d 483 (Wash. 2006). “The discretionary language of the other provisions of RCW 25.05.130 supports our reading: (1) A partnership may sue and be sued in the name of the partnership.”
Int'l Marine Underwriters v. ABCD Marine, LLC, 313 P.3d 395 (Wash. 2013). “5; see RCW 25.05.130 (Unif. P’ship Act § 307(a)).”
Int'l Marine Underwriters v. ABCD Marine, LLC (Wash. 2013). “Other examples of how RUPA' s emphasis on the entity theory has changed partnership law include the fact that RUP A enables a partnership to sue and be sued in the name of the partnership and the fact that partners who embezzle from the partnership are now subject to the same…”
— Wash. Rev. Code § 25.05.130(4)(d) — 2 cases
Gildon v. Simon Prop. Grp., Inc., 145 P.3d 1196 (Wash. 2006). “The discretionary language of the other provisions *1206 of RCW 25.05.130 supports our reading: (1) A partnership may sue and be sued in the name of the partnership.”
Gildon v. Simon Prop. Grp., Inc., 158 Wash. 2d 483 (Wash. 2006). “The discretionary language of the other provisions of RCW 25.05.130 supports our reading: (1) A partnership may sue and be sued in the name of the partnership.”
— Wash. Rev. Code § 25.05.130(4)(e) — 2 cases
Gildon v. Simon Prop. Grp., Inc., 145 P.3d 1196 (Wash. 2006). “The discretionary language of the other provisions *1206 of RCW 25.05.130 supports our reading: (1) A partnership may sue and be sued in the name of the partnership.”
Gildon v. Simon Prop. Grp., Inc., 158 Wash. 2d 483 (Wash. 2006). “The discretionary language of the other provisions of RCW 25.05.130 supports our reading: (1) A partnership may sue and be sued in the name of the partnership.”
— Wash. Rev. Code § 25.05.130(l) — 1 case
Gildon v. Simon Prop. Grp., Inc., 158 Wash. 2d 483 (Wash. 2006). “The discretionary language of the other provisions of RCW 25.05.130 supports our reading: (1) A partnership may sue and be sued in the name of the partnership.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.