17-29-503. Charging
order.
(a) On
application by a judgment creditor of a member or transferee, a
court may enter a charging order against the transferable
interest of the judgment debtor for the unsatisfied amount of
the judgment. A charging order requires the limited liability
company to pay over to the person to which the charging order
was issued any distribution that would otherwise be paid to the
judgment debtor.
(b) Reserved.
(c) Reserved.
(d) The
member or transferee whose transferable interest is subject to a
charging order under subsection (a) of this section may
extinguish the charging order by satisfying the judgment and
filing a certified copy of the satisfaction with the court that
issued the charging order.
(e) A
limited liability company or one (1) or more members whose
transferable interests are not subject to the charging order may
pay to the judgment creditor the full amount due under the
judgment and thereby succeed to the rights of the judgment
creditor, including the charging order.
(f) This
article does not deprive any member or transferee of the benefit
of any exemption laws applicable to the member's or transferee's
transferable interest.
(g) This
section provides the exclusive
remedy by which a
person seeking to enforce a judgment against a judgment debtor,
including any judgment debtor who may be the sole member,
dissociated member or transferee, may, in the capacity of the
judgment creditor, satisfy
the judgment from
the judgment debtor's transferable interest or from the assets
of the limited liability company. Other
remedies, including foreclosure on the judgment debtor's limited
liability interest and
a court order for directions, accounts and inquiries that
the judgment debtor might have made are
not available to the judgment creditor attempting to satisfy a
judgment out of
the judgment debtor's interest in the limited liability company and
may not be ordered by the court.