Section 4.10 Concealment, Removal, or Fraudulent Transfer or Conveyance

• Library: Creditors' Remedies (2009 Ed. + 2014 Supp)

2. (§4.10) Concealment, Removal, or Fraudulent Transfer or Conveyance

Except for the special cases discussed in §4.11 below, the remaining grounds fall into two general categories.

The first category consists of cases in which the conduct of the defendant is such that the "ordinary process of law" is ineffective and the defendant cannot be served (the third, fourth, sixth, and, partly, eleventh grounds). This conduct—or absconding—must be something more than casual or temporary. Rosenthal v. Widensohler, 91 S.W. 432 (Mo. App. E.D. 1905); Martin v. Barrett, 204 S.W. 410 (Mo. App. S.D. 1918). Mere absence, whether for business or pleasure, is not enough, id., and when a person makes provision for the person's family and leaves them at the family residence in this state, attachment will not lie. Tiller v. Abernathy, 37 Mo. 196 (1866).

The second category consists of cases in which the defendant has or is about to either conceal or convey property to "defraud, hinder or delay" creditors. Section 521.010(5), RSMo 2000. Fraudulent conveyances and concealment of assets are probably suited for...