Interest subject to charging order.

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(1) On due application to a court of competent jurisdiction by any judgment creditor of a partner, the court that entered the judgment, order, or decree, or any other court, may charge the interest of the debtor partner with payment of the unsatisfied amount of the judgment with interest thereon; and may then or later appoint a receiver of the debtor partner's share of the profits and of any other money due or to fall due to the debtor partner in respect of the partnership and make all other orders, directions, accounts, and inquiries that the debtor partner might have made, or that the circumstances of the case may require.

(2) The interest charged may be redeemed at any time before foreclosure or, in case of a sale being directed by the court, may be purchased without thereby causing a dissolution:

  1. With separate property by any one or more of the partners; or

  2. With partnership property by any one or more of the partners with the consent of allthe partners whose interests are not so charged or sold.

(3) Nothing in this article shall be held to deprive a partner of the partner's right, if any, under the exemption laws, as regards the partner's interest in the partnership.

Source: L. 31: p. 659, § 28. CSA: C. 123, § 28. CRS 53: § 104-1-28. C.R.S. 1963: § 104-1-28. L. 2004: (1) and (3) amended, p. 1427, § 87, effective July 1.


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