Effective - 28 Aug 1992
428.039. Remedies of creditors. — 1. In an action for relief against a transfer or obligation under sections 428.005 to 428.059, a creditor, subject to the limitations in section 428.044, may obtain:
(1) Avoidance of the transfer or obligation to the extent necessary to satisfy the creditor's claim;
(2) An attachment or other provisional remedy against the asset transferred or other property of the transferee in accordance with the procedure prescribed by applicable laws of this state;
(3) Subject to applicable principles of equity and in accordance with applicable rules of civil procedure,
(a) An injunction against further disposition by the debtor or a transferee, or both, of the asset transferred or of other property;
(b) Appointment of a receiver to take charge of the asset transferred or of other property of the transferee; or
(c) Any other relief the circumstances may require.
2. If a creditor has obtained a judgment on a claim against the debtor, the creditor, if the court so orders, may levy execution on the asset transferred or its proceeds.
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(L. 1992 S.B. 448)
Structure Missouri Revised Statutes
Title XXVII - Debtor-Creditor Relations
Chapter 428 - Fraudulent Conveyances and Liens
Section 428.005 - Short title.
Section 428.009 - Definitions.
Section 428.024 - Transfers fraudulent as to present and future creditors.
Section 428.029 - Transfers fraudulent as to present creditors.
Section 428.034 - When transfer is made or obligation is incurred.
Section 428.039 - Remedies of creditors.
Section 428.044 - Defenses, liability, and protection of transferee.
Section 428.049 - Extinguishment of claim for relief or cause of action.
Section 428.054 - Supplementary provisions.
Section 428.059 - Uniformity of applications and construction.
Section 428.105 - Definitions.
Section 428.115 - Lien claimant may petition court, procedure.
Section 428.120 - Petition to declare lien invalid, procedure.
Section 428.125 - Contents of order — remedies — copy of order to be filed.
Section 428.130 - Filing officers not liable.
Section 428.135 - Liability for filing or recording certain documents.