As a general rule, a final judgment against a partner cannot be enforced by a creditor against the partner's separate assets unless a writ of execution against the partnership has been returned unsatisfied. Under subsection (d), however, a creditor may proceed directly against the partner's assets if (i) the partnership is a debtor in bankruptcy (see Section 101(2)); (ii) the partner has consented; or (iii) the liability is imposed on the partner independently of the partnership. For example, a judgment creditor may proceed directly against the assets of a partner who is liable independently as the primary tortfeasor, but must exhaust the partnership's assets before proceeding against the separate assets of the other partners who are liable only as partners.

There is also a judicial override provision in subsection (d)(4). A court may authorize execution against the partner's assets on the grounds that (i) the partnership's assets are clearly insufficient; (ii) exhaustion of the partnership's assets would be excessively burdensome; or (iii) it is otherwise equitable to do so. For example, if the partners who are parties to the action have assets located in the forum State, but the partnership does not, a court might find that exhaustion of the partnership's assets would be excessively burdensome.

5. Although subsection (d) is silent with respect to pre- judgment remedies, the law of pre-judgment remedies already adequately embodies the principle that partnership assets should be exhausted before partners' assets are attached or garnished. Attachment, for example, typically requires a showing that the partnership's assets are being secreted or fraudulently transferred or are otherwise inadequate to satisfy the plaintiff's claim. A showing of some exigent circumstance may also be required to satisfy due process. See Connecticut v. Doehr, 501 U.S. 1, 16 (1991).

6. Subsection (e) clarifies that actions against the partnership under Section 308, involving representations by partners or purported partners, are subject to Section 307.

§1036.__Liability of purported partner

1.__Liability of purported partner.__If a person, by words or conduct, purports to be a partner, or consents to being represented by another as a partner, in a partnership or with one or more persons not partners, the purported partner is liable to a person to whom the representation is made, if that person, relying on the representation, enters into a transaction with the