44-1007. Remedies of creditors

209 words·~1 min read·/az/title-44/44-1007

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

A. In an action for relief against a transfer or obligation under this article, a creditor, subject to the limitations in sections 44-1008 and 44-1009, may obtain one or more of the following remedies:

1. Garnishment against the fraudulent transferee or the recipient of the fraudulent obligation, in accordance with the procedure prescribed by law in obtaining such remedy.

2. Avoidance of the transfer or obligation to the extent necessary to satisfy the creditor's claim.

3. An attachment or other provisional remedy against the asset transferred or other property of the transferee in accordance with the procedure prescribed by law in obtaining such remedy.

4. Subject to applicable principles of equity and in accordance with applicable rules of civil procedure:

(a)An injunction against further disposition by the debtor or a transferee, or both, of the asset transferred or of other property.

(b)Appointment of a receiver to take charge of the asset transferred or of other property of the transferee.

(c)Any other relief the circumstances may require.

B. Subject to the limitations in sections 44-1008 and 44-1009, if a creditor has obtained a judgment on a claim against the debtor, the creditor, if the court so orders, may levy execution on the asset transferred or its proceeds.