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HomeCorporations CodeCh. 3Art. 5§ 9352 Creditor Claims Against Members

§ 9352 Creditor Claims Against Members

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

§ 9352 Creditor Claims Against Members

Key Takeaways

  • •If a company owes you money, you can't go after the owners unless you've already tried to get the money from the company and failed.
  • •Other people the company owes money to can join in if someone is trying to get money from the owners.
  • •If an owner pays money in this situation, it counts toward what they already owe the company.

Example

A small business owes money to a supplier and can't pay. The supplier tries to get the money from the business owners.

The supplier must first try to get the money from the business itself. If the business has no money, then the supplier can try to get the money from the owners. Other people the business owes money to can also join in to try to get paid.

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

Official Source
View on CA.gov

§ 9352 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 any amount 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

creditormemberliabilitycorporationfinal judgmentexecution unsatisfiedinterveneunpaid amountscredited

Related Statutes

  • § 5352 Creditor Claims Against Members
  • § 7353 Creditor Claims Against Members
  • § 12443 Creditor Actions Against Members
  • § 12441 Member Dues And Fees Liability
  • § 2702 Agent Indemnification Expenses

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Corporations Code. Section 9352.
View Official Source