Wednesday, September 23, 2015

Time Limitations for Filing Claims Against a Partner in a Texas General Partnership

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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