A proceeding may not be brought by a creditor to reach the liability, if any, of a member to the nonprofit corporation unless:

1. (1)

   1. (a) final judgment has been rendered in favor of the creditor against the nonprofit corporation; and
   2. (b) execution has been returned unsatisfied in whole or in part; or
2. (2) a proceeding described in Subsection (1) would be useless.

Enacted by Chapter 300, 2000 General Session