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The Florida Senate

1998 Florida Statutes

SECTION 695
Partner's interest subject to charging order.

1620.695  Partner's interest subject to charging order.--

(1)  On application to a court having jurisdiction by any judgment creditor of a partner, the court may charge the interest of the debtor partner with payment of the unsatisfied amount of the judgment with interest, and may then or later appoint a receiver of his or her share of the profits and of any other money due or to become due to him or her from the partnership, and make all other orders to take the actions that the debtor partner might have made or that the circumstances of the case may require.

(2)  The partner's 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:

(a)  With separate property by any one or more of the partners; or

(b)  With partnership property by any one or more of the partners with the consent of all the partners whose interests are not charged or sold.

(3)  Nothing in this part shall deprive a partner of any right under the exemption laws covering his or her interest in the partnership.

History.--s. 28, ch. 72-108; s. 25, ch. 95-242; s. 156, ch. 97-102.

1Note.--Repealed effective January 1, 1998, by s. 25, ch. 95-242.