Arkansas Judgment Related Laws
This article highlights some judgment-related laws and rules in Arkansas. Arkansas laws are often listed as being annotated in an official listing, abbreviated as ANN. Laws change over time, so please confirm any laws described in this or any of my articles. My articles are my opinions, and not legal advice. I am a Judgment Broker, and am not a lawyer. If you ever need any legal advice or a strategy to use, please contact a lawyer.
Arkansas Civil Code Ann. 16110102: In all such actions where the plaintiff has obtained judgment, he may sue out a writ of garnishment setting forth the judgment and shall proceed in the manner directed for the enforcement and collection thereof. The plaintiffs in all cases of garnishment may also have an attachment against the property of the garnishee, who is made a defendant thereto, by stating in his affidavit one or more of the grounds for attachment and the amount for which the garnishee is indebted to the principal debtor, and by executing bond to the garnishee.
Arkansas Civil Code Ann. 16110111: The order of attachment shall be executed by the Sheriff or other officer without delay by delivering a copy of the order, with a notice specifying the debt attached, to the person owing it. The Sheriff shall deliver copies to and summon such persons as garnishees as the plaintiff may direct. It shall be the duty of every person to whom the Sheriff shall apply therefor, to furnish him with the amount of the debt owing to the defendant, whether due or not. A failure to perform his duty may be punished by the court as contempt.
Arkansas Civil Code Ann. 16110113: The Sheriff shall not, in executing an order of attachment upon personal property held by the defendant jointly or in common with another person, take possession of the property until there has been executed a bond to the other person, by one or more sufficient sureties of the plaintiff, to the effect that he will pay to the person the damages he may sustain by the wrongful suing out of the order.
Arkansas Civil Code Ann. 16110127: Each garnishee summoned shall appear. The appearance may be in person or by affidavit of the garnishee filed in court disclosing truly the amount owing by him to the defendant, whether due or not, at or after the service of the order of attachment. Where a garnishee appears in person, he may be examined on oath. If it is discovered on the examination that, at or after the service of the order of attachment upon him, he was indebted to the defendant, the court may order the payment or security for the payment of the amount owing by the garnishee, into the court, or to such person as it may direct. That person shall give bond, with security for the amount owing, or the court may permit the garnishee to retain the amount owing, upon the execution of a bond with one or more sufficient sureties, to the effect that the amount shall be paid or the property shall be forthcoming, as the court may direct. The court may, on motion of the plaintiff, compel the appearance in person, and examination, of any garnishee by process, as in cases of contempt. Where a garnishee makes a default by not appearing, the court may hear proof of any debt owing by him to the defendant and make such order in relation thereto, as if what is so proved had appeared on the examination of the garnishee.
Arkansas Civil Code Ann. 16110129: The garnishee may pay the money owing to the defendant by him to the Sheriff having in his hands the order of attachment or into the court. The garnishee shall not be subjected to costs beyond those caused by his resistance of the claim against him. In fact, if he discloses the true amount owing by him and pays the amount owing according to the order of the court, he shall be allowed his costs.
Arkansas Civil Code Ann. 16110133: Upon the service of a summons upon any garnishee or after his failure to make a disclosure satisfactorily to the plaintiff, the latter may proceed in an action against him by filing a complaint verified as in other cases and causing a summons to be issued upon it. Thereupon, the proceeding may be had as in other actions and judgment may be rendered in favor of the plaintiff to subject the property of the defendant into the hands of the garnishee, or for what shall appear to be owing to the defendant by the garnishee. The judgment may be enforced by execution or other proper means.
Arkansas Civil Code Ann. 1665114: Interest Rate at which Judgments Accrue Interest on any judgment entered by any court or magistrate on any contract shall bear interest at the rate provided by the contract or ten percent per annum, whichever is greater, and on any other judgment at ten percent per annum, but not more than the maximum rate permitted by law
If you need to find a judgment recovery attorney in Arkansas, contact a judgment broker, or visit the Arkansas Bar web site at: http://www.Arkansasbar.org
Arkansas Civil Code Ann. 16110102: In all such actions where the plaintiff has obtained judgment, he may sue out a writ of garnishment setting forth the judgment and shall proceed in the manner directed for the enforcement and collection thereof. The plaintiffs in all cases of garnishment may also have an attachment against the property of the garnishee, who is made a defendant thereto, by stating in his affidavit one or more of the grounds for attachment and the amount for which the garnishee is indebted to the principal debtor, and by executing bond to the garnishee.
Arkansas Civil Code Ann. 16110111: The order of attachment shall be executed by the Sheriff or other officer without delay by delivering a copy of the order, with a notice specifying the debt attached, to the person owing it. The Sheriff shall deliver copies to and summon such persons as garnishees as the plaintiff may direct. It shall be the duty of every person to whom the Sheriff shall apply therefor, to furnish him with the amount of the debt owing to the defendant, whether due or not. A failure to perform his duty may be punished by the court as contempt.
Arkansas Civil Code Ann. 16110113: The Sheriff shall not, in executing an order of attachment upon personal property held by the defendant jointly or in common with another person, take possession of the property until there has been executed a bond to the other person, by one or more sufficient sureties of the plaintiff, to the effect that he will pay to the person the damages he may sustain by the wrongful suing out of the order.
Arkansas Civil Code Ann. 16110127: Each garnishee summoned shall appear. The appearance may be in person or by affidavit of the garnishee filed in court disclosing truly the amount owing by him to the defendant, whether due or not, at or after the service of the order of attachment. Where a garnishee appears in person, he may be examined on oath. If it is discovered on the examination that, at or after the service of the order of attachment upon him, he was indebted to the defendant, the court may order the payment or security for the payment of the amount owing by the garnishee, into the court, or to such person as it may direct. That person shall give bond, with security for the amount owing, or the court may permit the garnishee to retain the amount owing, upon the execution of a bond with one or more sufficient sureties, to the effect that the amount shall be paid or the property shall be forthcoming, as the court may direct. The court may, on motion of the plaintiff, compel the appearance in person, and examination, of any garnishee by process, as in cases of contempt. Where a garnishee makes a default by not appearing, the court may hear proof of any debt owing by him to the defendant and make such order in relation thereto, as if what is so proved had appeared on the examination of the garnishee.
Arkansas Civil Code Ann. 16110129: The garnishee may pay the money owing to the defendant by him to the Sheriff having in his hands the order of attachment or into the court. The garnishee shall not be subjected to costs beyond those caused by his resistance of the claim against him. In fact, if he discloses the true amount owing by him and pays the amount owing according to the order of the court, he shall be allowed his costs.
Arkansas Civil Code Ann. 16110133: Upon the service of a summons upon any garnishee or after his failure to make a disclosure satisfactorily to the plaintiff, the latter may proceed in an action against him by filing a complaint verified as in other cases and causing a summons to be issued upon it. Thereupon, the proceeding may be had as in other actions and judgment may be rendered in favor of the plaintiff to subject the property of the defendant into the hands of the garnishee, or for what shall appear to be owing to the defendant by the garnishee. The judgment may be enforced by execution or other proper means.
Arkansas Civil Code Ann. 1665114: Interest Rate at which Judgments Accrue Interest on any judgment entered by any court or magistrate on any contract shall bear interest at the rate provided by the contract or ten percent per annum, whichever is greater, and on any other judgment at ten percent per annum, but not more than the maximum rate permitted by law
If you need to find a judgment recovery attorney in Arkansas, contact a judgment broker, or visit the Arkansas Bar web site at: http://www.Arkansasbar.org
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