Advanced · Lesson 1 · 7 min
Charging Orders
The judgment creditor's primary remedy against a debtor's interest in an LLC or partnership.
Overview
In most states, the charging order is the exclusive remedy against an LLC or partnership interest.
It typically intercepts distributions made to the debtor — it does not give the creditor control of the entity.
In closely held businesses, the threat of distributions intercept can drive resolution.
Key Concepts
- • Charging order vs. levy on membership interest
- • Distributions vs. compensation
- • Exclusivity statutes
- • Foreclosure of charged interest (where allowed)
Examples
Distribution suppression
A debtor who controls an LLC may simply stop distributions when a charging order issues. Strategy must anticipate this and pair the order with discovery into compensation and constructive distributions.
Common Mistakes
- • Treating a charging order like ownership.
- • Filing in the wrong jurisdiction for an out-of-state entity.
Recommended Resources
- • Charging Order State Map
Educational only. Not legal advice. Judgment enforcement varies by state — consult licensed counsel.