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§ 493.020.Defendant Authorized to Make General Assignment

Title 6.5. Attachment · Chapter 13. Effect of Bankruptcy Proceedings and General Assignments for the Benefit of Creditors · Enacted 1977 · no amendments on record · Last verified July 28, 2026

In one sentenceSection 493.020 confirms that, notwithstanding any other provision of this title, a defendant remains free to make a general assignment for the benefit of creditors.

Full Text of § 493.020

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Notwithstanding any other provision of this title, the defendant may make a general assignment for the benefit of creditors.

Plain-English Summary

Attachment law gives a plaintiff powerful tools to freeze a defendant's assets, but § 493.020 makes sure none of those tools stop a defendant from taking the separate, common insolvency step of assigning everything to a general assignee for the benefit of creditors. Notwithstanding any other provision of this title, the defendant may make that assignment.

This section is short because it functions as a gateway to the rest of the chapter -- it confirms the defendant's basic right to make the assignment, while §§ 493.030 through 493.060 work out what that assignment does to any existing attachment lien.

Frequently Asked Questions

Does an existing attachment stop a defendant from assigning assets for the benefit of creditors?

No. Section 493.020 confirms the defendant may make a general assignment for the benefit of creditors notwithstanding any other provision of this title.

What happens to an attachment lien once this kind of assignment is made?

Section 493.020 itself doesn't say; that consequence is worked out in § 493.030, which addresses when the assignment terminates an existing lien.

Amendment History

Added by Stats. 1977, Ch. 499.

Source & verification. Section text is reproduced verbatim from the Deering's California Codes Annotated / vLex. Enacted by the California Legislature. Last verified July 28, 2026. · Official source
Also known as: can debtor assign assets despite attachment california493.020 general assignment right