Missouri Revised Statutes

Mo. Rev. Stat. § 428.049 (2026)

Extinguishment of claim for relief or cause of action

✓ current as of May 2026

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428.049. Extinguishment of claim for relief or cause of action. — A claim for relief or cause of action with respect to a fraudulent transfer or obligation under sections 428.005 to 428.059 is extinguished unless action is brought:

(1) Under subdivision (1) of subsection 1 of section 428.024, within four years after the transfer was made or the obligation was incurred or, if later, within one year after the transfer or obligation was or could reasonably have been discovered by the claimant;

(2) Under subdivision (2) of subsection 1 of section 428.024 or subsection 1 of section 428.029, within four years after the transfer was made or the obligation was incurred; or

(3) Under subsection 2 of section 428.029, within one year after the transfer was made or the obligation was incurred.

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(L. 1992 S.B. 448)

Notes of Decisions

Cited in 9 cases (2 in the last 5 years), 1997–2024 · leading case: Saidawi v. Giovanni's Little Place, Inc., 987 S.W.2d 501 (Mo. Ct. App. 1999).

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Saidawi v. Giovanni's Little Place, Inc., 987 S.W.2d 501 (Mo. Ct. App. 1999). · cites it 18× “One week later, the trial court dismissed the remaining Count, Count III, as barred by the four-year period of limitations under Section 428.049 RSMo. (1994). Plaintiff timely filed this appeal, arguing that the trial court erred in dismissing Counts I, II and IV of his…”

Fleming Companies, Inc. v. Rich, 978 F. Supp. 1281 (E.D. Mo. 1997). · cites it 7× “§ 428.049(1) R.S.Mo. Actions brought under §§ 428.”

Bueneman v. Zykan, 181 S.W.3d 105 (Mo. Ct. App. 2005). · cites it 6× “Section 428.049 2 provides the limitations period for a fraudulent conveyance claim: Extinguishment of claim for relief or cause of action A claim for relief or cause of action with respect to a fraudulent transfer or obligation under sections 428.”

Riske v. David Austin Seitz Irrevocable Trust (In Re Seitz), 400 B.R. 707 (Bankr. E.D. Mo. 2008). · cites it 2× “Therefore, the applicable four-year state law statute of limitations, see Mo.Rev. Stat. § 428.049(1), had not expired as of the Petition Date.”

Tana Cutcliff v. Nathan Reuter, 889 F.3d 491 (8th Cir. 2018). “See Mo. Rev. Stat. § 428.049 (1) & (2). But the Creditors claim the automatic stay mandated by 11 U.”

Shirley Jones v. Randy Jones & Cassandra A. Cordes-Patton, 497 S.W.3d 334 (Mo. Ct. App. 2016). · cites it 4× “The court found Shirley’s claim time barred by the portion of Section 428.049 that provides, that a claim pursuant to Section 428.”

Eric Dieckmann v. JH Constr. 2, LLC d/b/a JH Exteriors (Mo. Ct. App. 2021). · cites it 2× “1(1) which has a four-year statute of limitations per Section 428.049(1) and does not require a plaintiff to show that the transfers at issue were not in exchange for something of a reasonably equivalent value.”

Anita Martin v. Christopher Martin (Mo. Ct. App. 2024). · cites it 2× “Section 428.049 provides: A claim for relief or cause of action with respect to a fraudulent transfer or obligation under sections 428.”

Nancy Lurie v. Robert Blackwell (8th Cir. 1999). “(The date of the transfers becomes important under UFTA’s four year statute of limitations found at Mo. Rev. Stat. § 428.049 .) Ronald obtained an ownership interest in both 1772, Inc.”

— Mo. Rev. Stat. § 428.049(1) — 4 cases

Riske v. David Austin Seitz Irrevocable Trust (In Re Seitz), 400 B.R. 707 (Bankr. E.D. Mo. 2008). “Therefore, the applicable four-year state law statute of limitations, see Mo.Rev. Stat. § 428.049(1), had not expired as of the Petition Date.”

Bueneman v. Zykan, 181 S.W.3d 105 (Mo. Ct. App. 2005). “Section 428.049 2 provides the limitations period for a fraudulent conveyance claim: Extinguishment of claim for relief or cause of action A claim for relief or cause of action with respect to a fraudulent transfer or obligation under sections 428.”

Fleming Companies, Inc. v. Rich, 978 F. Supp. 1281 (E.D. Mo. 1997). “§ 428.049(1) R.S.Mo. Actions brought under §§ 428.”

Eric Dieckmann v. JH Constr. 2, LLC d/b/a JH Exteriors (Mo. Ct. App. 2021). “1(1) which has a four-year statute of limitations per Section 428.049(1) and does not require a plaintiff to show that the transfers at issue were not in exchange for something of a reasonably equivalent value.”

— Mo. Rev. Stat. § 428.049(2) — 1 case

Fleming Companies, Inc. v. Rich, 978 F. Supp. 1281 (E.D. Mo. 1997). “§ 428.049(1) R.S.Mo. Actions brought under §§ 428.”

— Mo. Rev. Stat. § 428.049(3) — 1 case

Fleming Companies, Inc. v. Rich, 978 F. Supp. 1281 (E.D. Mo. 1997). “§ 428.049(1) R.S.Mo. Actions brought under §§ 428.”

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