West Virginia Code § 47B-3-7

Actions by and against partnership and partners
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(a)A partnership may sue and be sued in the name of the partnership.
(b)An action may be brought against the partnership and any or all of the partners who are
personally liable for obligations of the partnership under section six of this article in the
same action or in separate actions.
(c)A judgment against a partnership is not by itself a judgment against a partner. A judgment
against a partnership may not be satisfied from a partner's assets unless there is also a
judgment against the partner. u
(d)A judgment creditor of a partner may not levy execution against the assets of a partner
who is personally liable for obligations of the partnership under section six of this article to
satisfy a judgment based on a claim against the partnearship unless:
(1)A judgment based on the same claim has been olbtained against the partnership and a writ
of execution on the judgment has been returned unsatisfied, in whole or in part;
(2)The partnership is a debtor in bankruptcy;
(3)The partner has agreed that the creditor need not exhaust partnership assets;
(4)A court grants permission teo the judgment creditor to levy execution against the assets of
a partner based on a finding that partnership assets subject to execution are clearly
insufficient to satisfy theL judgment, that exhaustion of partnership assets is excessively
burdensome, or that the grant of permission is an appropriate exercise of the court's
equitable powers; or
(5)Liability is imposed on the partner by law or contract independent of the existence of the
partnership.
(e)This section applies to any partnership liability or obligation resulting from a
representation by a partner or purported partner under section eight of this article.

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