§ 25-1049.Attachment; claims not due; action authorized; when.

Attachment normally waits for a debt to come due before it can be used. Section 25-1049 carves out an exception for debtors who are actively working to put their assets out of reach. It lets a creditor bring an action on a claim before it is due, and obtain an attachment against the debtor’s property, in three related situations.

The first is where the debtor has already sold, conveyed, or otherwise disposed of property with the fraudulent intent to cheat or defraud creditors, or to hinder or delay them in collecting their debts. The second reaches forward in time: where the debtor is about to make such a sale, conveyance, or disposition with that same fraudulent intent. The third covers a debtor who is about to remove property, or a material part of it, with the intent or to the effect of cheating or defrauding creditors, or of hindering and delaying them.

Notice that the third ground does not require proving fraudulent intent — it is satisfied if the removal has the effect of hindering or delaying creditors, even without proof of what the debtor meant to accomplish. Together, these grounds give a creditor a way to move before a debt is technically due, when waiting would mean watching the debtor’s assets disappear beyond reach.