§ 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
Full Text of § 493.020
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.