Arkansas Code Title 16, Subtitle 7, Chapter 110, Subchapter 1 - General Provisions

• § 16-110-101 - Grounds Generally for Attachment.
  The plaintiff in a civil action, at or after its commencement, may have an attachment against the property of the defendant, in the cases...
• § 16-110-102 - Garnishment Generally.
  (a) (1) Whenever, in a civil action, the plaintiff shall have reason to believe that any other person is indebted to the defendant or...
• § 16-110-103 - Attachment in Tort Actions.
  (a) In actions for torts committed in this state or to recover statutory penalties, a writ of attachment may be issued against the property...
• § 16-110-104 - Attachment Before Debt Due.
  (a) In an action brought by a creditor against his or her debtor, the plaintiff may, before his or her claim is due, have...
• § 16-110-105 - Venue.
  Attachments may be sued out, and the actions in which the attachments are obtained may be prosecuted, in any county in which property may...
• § 16-110-106 - Order of Attachment.
  (a) (1) An order of attachment shall be made by the clerk of the court in which the action is brought in any case...
• § 16-110-107 - Bond.
  (a) The order of attachment shall not be issued by the clerk until there has been executed in his or her office, by one...
• § 16-110-108 - Service of Orders and Processes.
  The orders and processes in provisional remedies issued from the circuit or chancery court may be directed to, or served by, the sheriff or...
• § 16-110-109 - Priority of Orders of Attachment.
  Where there are several orders of attachment against the same defendant, they shall be executed in the order in which they were received by...
• § 16-110-110 - Issuance of Orders of Attachments to Other Counties.
  (a) Orders of attachment may be issued to the sheriffs or other officers of other counties, and several of them may, at the option...
• § 16-110-111 - Execution of Order of Attachment Generally.
  (a) The order of attachment shall be executed by the sheriff or other officer without delay, in the following manner: (1) Upon real property...
• § 16-110-112 - Attachment of Funds in Court.
  (a) Where the property to be attached is a fund in court, the execution of the order of attachment shall be made by leaving...
• § 16-110-113 - Attachment on Joint or Common Property.
  The sheriff shall not, in executing an order of attachment upon personal property held by the defendant jointly or in common with another person,...
• § 16-110-114 - Attachment on Property Claimed by Another.
  (a) When any sheriff shall levy a writ of attachment upon property claimed by a person not a party to the writ, the person...
• § 16-110-115 - Lien of Attachment on Property of Defendant.
  (a) An order of attachment binds the defendant's property in the county, which might be seized under an execution against him or her, from...
• § 16-110-116 - Property Removed From County.
  If, after an order of attachment has been placed in the hands of the sheriff or other officer, any property of the defendant is...
• § 16-110-117 - Bond of Defendant for Retention of Property.
  (a) The sheriff may deliver any attached property to the person in whose possession it was found upon the execution, in the presence of...
• § 16-110-118 - Motion to Discharge Before Term of Court.
  (a) On reasonable notice to the plaintiff, the defendant may, at any time before the term next after the levy of the attachment, move...
• § 16-110-119 - Return of Writ.
  (a) The sheriff shall return, upon every order of attachment, what he or she has done under it.(b) (1) The return must show the...
• § 16-110-120 - Removal of Pending Proceedings.
  (a) In all actions in which attachments may be pending in the circuit court, held in any county, and in the inferior courts of...
• § 16-110-121 - Collection, Preservation, and Sale of Property.
  (a) (1) The court shall make proper orders for the preservation and use of the property during the pending of the action and for...
• § 16-110-122 - Bond for Restitution of Property.
  (a) If the defendant at any time before the judgment causes a bond to be executed to the plaintiff by one (1) or more...
• § 16-110-123 - Appearance by Execution of Bond.
  In an action where an attachment has been granted, the execution by or for the defendant of a bond whereby the attachment is discharged,...
• § 16-110-124 - Defendant's Answer by Affidavit.
  (a) The defendant may file his or her affidavit denying all or any of the material statements of the affidavit upon which the attachment...
• § 16-110-125 - Proof by Deposition or Testimony.
  Either party may take proof by deposition, to be read on the trial of the attachment, or, by permission of the court, the witnesses...
• § 16-110-126 - Testimony Required for Insufficient Property.
  (a) When it appears by the affidavit of the plaintiff or by the return of an officer to an order of attachment that no...
• § 16-110-127 - Appearance by Garnishee.
  (a) Each garnishee summoned shall appear. The appearance may be in person or by affidavit of the garnishee filed in court disclosing truly the...
• § 16-110-128 - Time for Disposition of Attachment.
  (a) An attachment obtained at the commencement of an action shall be sustained or discharged at the time that judgment is rendered in the...
• § 16-110-129 - Discharge of Garnishee.
  (a) The garnishee may pay the money owing to the defendant by him or her to the sheriff having in his or her hands...
• § 16-110-130 - Motion to Discharge.
  (a) At any time before the attachment is sustained, the defendant, upon reasonable notice to the plaintiff or the plaintiff's attorney, may move the...
• § 16-110-131 - Judgment for Defendant.
  (a) If judgment is rendered in the action for the defendant, the attachment shall be discharged, and the property attached or its proceeds shall...
• § 16-110-132 - Judgment in Favor of Plaintiff.
  (a) If judgment is rendered in favor of the plaintiff and no affidavit or answer verified by oath by the defendant filed denying the...
• § 16-110-133 - Judgment Against Garnishee.
  (a) Upon the service of a summons upon any garnishee or after his or her failure to make a disclosure satisfactory to the plaintiff,...
• § 16-110-134 - Intervention Before Sale.
  (a) Before the sale of any attached property, or before the payment to the plaintiff of the proceeds thereof or of any attached debt,...
• § 16-110-135 - Repossession of Property by Sheriff.
  (a) The court may order the sheriff to repossess himself or herself, for the purpose of selling it, any of the attached property which...
• § 16-110-136 - Sale of Property.
  (a) The court may compel the delivery to the sheriff, for sale, of any of the attached property for which a bond may have...
• § 16-110-137 - Judgment on Bond.
  (a) If the plaintiff shall recover against the defendant, and the attachment shall have been discharged upon the execution of a bond, as provided...
• § 16-110-138 - [Superseded.]
• § 16-110-139 - Powers of Court.
  The court may, from time to time, make and enforce proper orders respecting the property, sales, and the confirmation thereof, and the application and...

Last modified: November 15, 2016