If I have a claim against a Texas general partnership and one of its partners, is the time period in which I must file suit (i.e., the limitations period) the same for both?
Generally, no. Because a partnership is a separate entity from its partners and because there is a statutory prerequisite to proceeding against a partner (the judgment against the partnership must go unsatisfied for ninety days before a creditor may proceed against a partner), a plaintiff’s cause of action against a partner does not accrue until the expiration of the ninety-day statutory satisfaction period against the partnership. See Am. Star Energy & Minerals Corp. v. Stowers, 457 S.W.3d 427, 431 (Tex. 2015).
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The material above has been prepared by The Dietrich Law Firm for informational purposes only; it does not constitute legal advice, and reading it does not create an attorney-client relationship. The law changes, and articles reflect the law as of their publication date. No person should act or rely on any information here without seeking the advice of an attorney. If you believe you have a legal matter, statutes of limitations may limit the time you have to act — contact the firm or call 713-830-7687.
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