The application for charging order may be used to reach a debtor’s interest in a limited partnership. See section 27.101 in this chapter for discussion of the charging order and form 27-24 for the order.
This form assumes that the application will be filed in the court that rendered the underlying judgment. See section 27.101:2 regarding the proper court in which to file and section 16.10 for alternative methods for serving a partnership. If the application is filed in a different court, the judgment debtor as well as the partnership should be served with citation and an address should be included for the judgment debtor where he may be served.
[Caption. See § 3 of the Introduction in volume 1 of this manual.]
Application for Charging Order
1.Parties. Applicant [name of plaintiff], Plaintiff and judgment creditor in this cause, requests that the Court grant this Application for Charging Order against the nonexempt interest of [name of defendant], Defendant and judgment debtor, a partner in the limited partnership of [name of limited partnership], which has its principal place of business in [county] County, Texas. Service on [name of limited partnership] can be made by delivering citation to [name of general partner], a general partner, at [address, city, state].
2.Judgment. Plaintiff obtained a judgment against Defendant on [date] in this cause. A true and correct copy of the judgment is attached to this application as Exhibit [exhibit number/letter] and included by reference. The judgment remains unsatisfied.
3.Grounds. Plaintiff has reason to believe that Defendant is a partner with [name of limited partnership]. Plaintiff is entitled by reason of its judgment against Defendant to a charging order against the nonexempt interest of Defendant in [name of limited partnership].
4.Prayer. Plaintiff prays that the Court—
a.set this matter for hearing;
b.order Defendant to produce in court and to turn over to Plaintiff true copies of the partnership agreement and true copies of any other agreements or documents evidencing the interest of Defendant in [name of limited partnership] and any amounts due or to become due to Defendant by reason of Defendant’s interest in [name of limited partnership];
c.enter its order charging Defendant’s interest in [name of limited partnership], as requested in this application, in the amount of the unsatisfied judgment;
d.grant Plaintiff reasonable expenses incurred in obtaining the orders; and
e.grant Plaintiff all further relief to which Plaintiff may be entitled.
[Name]
Attorney for Plaintiff
State Bar No.:
[E-mail address]
[Address]
[Telephone]
[Telecopier]