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HomeCorporations CodeCh. 3Art. 5§ 7353 Creditor Claims Against Members

§ 7353 Creditor Claims Against Members

Corporations Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 7353 Creditor Claims Against Members

Key Takeaways

  • •If a company owes you money, you can't go after the owners' personal money right away. You must first try to get the money from the company itself.
  • •If the company can't pay you back, even after you win in court, then you can try to get the money from the owners who haven't paid what they owe to the company.
  • •Other people the company owes money to can join in your case to try to get paid too.
  • •If an owner pays you, that money counts toward what they owe the company.

Example

Imagine you run a small shop and sell stuff to a local company on credit. They don't pay you back, so you take them to court and win, but they still have no money.

Since the company can't pay you, you can now try to get the money from the company owners who haven't paid their share to the company. Other people the company owes money to can also join your case to try to get paid.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 7353 Creditor Claims Against Members

(a) No action shall be brought by or on behalf of any creditor to reach and apply the liability, if any, of a member to the corporation to pay the amount due on such member’s membership or otherwise due to the corporation unless final judgment has been rendered in favor of the creditor against the corporation and execution has been returned unsatisfied in whole or in part or unless such proceedings would be useless. (b) All creditors of the corporation, with or without reducing their claims to judgment, may intervene in any such creditor’s action to reach and apply unpaid amounts due the corporation and any or all members who owe amounts to the corporation may be joined in such action. Several judgments may be rendered for and against the parties to the action or in favor of a receiver for the benefit of the respective parties thereto. (c) All amounts paid by any member in any such action shall be credited on the unpaid balance due the corporation by such member. (Added by Stats. 1978, Ch. 567.)

Last verified: January 23, 2026

Key Terms

creditormembercorporationfinal judgmentexecution unsatisfiedunpaid amountsintervenejoined in such actioncredited on the unpaid balance

Related Statutes

  • § 5352 Creditor Claims Against Members
  • § 9352 Creditor Claims Against Members
  • § 12443 Creditor Actions Against Members
  • § 414 Shareholder Liability For Debts
  • § 12403 Corporate Membership Admission Rules

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Corporations Code. Section 7353.
View Official Source