§ 490.060.Right to Recover Damages On Common Law Theory Not Limited

The wrongful-attachment remedy in §§ 490.010 and 490.020 is not the only avenue open to a defendant harmed by an attachment. Section 490.060 makes clear that nothing in this chapter limits the right to sue on any common law theory -- malicious prosecution or abuse of process, for example -- arising from an attachment or protective order.

Because § 490.020(b) caps statutory wrongful-attachment liability at the amount of the undertaking, this savings clause matters for a defendant whose actual harm exceeds that cap. A separate common law claim is not bound by the statutory ceiling the way a § 490.010 claim is.