Arkansas Code Title 18, Subtitle 5, Chapter 60, Subchapter 8 - Recovery of Personal Property and Replevin
- § 18-60-801 - Definitions.
As used in this section and §§ 18-60-802 -- 18-60-808: (1) "Order of delivery" means a "writ of replevin"; and (2) "Party" or "person"...
- § 18-60-802 - Existing Laws Not Affected.
This section and §§ 18-60-801 and 18-60-803 -- 18-60-808 shall not repeal any existing law pertaining to the recovery of personal property by parties...
- § 18-60-803 - Penalties -- Damages and Fee.
(a) Any person who willfully and knowingly damages property in which there exists a valid right to issuance of an order of delivery, or...
- § 18-60-804 - Petition for Recovery of Personal Property.
(a) In all cases in this state wherein a party claims a right of possession of property in the possession of another, the party...
- § 18-60-805 - Notice of Hearing.
(a) The order to appear and show cause why the order of delivery should not be issued shall permit a reasonable time for the...
- § 18-60-806 - Hearing.
(a) At any hearing held on an application for an order of delivery, the petitioner shall be required to present prima facie evidence that...
- § 18-60-807 - Immediate Appearance -- Impounding of Property.
If the petitioner for an order of delivery, after otherwise complying with the requirements for issuance thereof, shall present evidence to the court that...
- § 18-60-808 - Alternative Procedure.
(a) In lieu of the procedure set forth in this section and §§ 18-60-801 -- 18-60-807, at the time the complaint is filed and...
- § 18-60-809 - Replevin.
The plaintiff in an action to recover the possession of specific personal property, at the commencement of the action or at any time before...
- § 18-60-810 - Affidavit for Replevin.
(a) An order for the delivery of property to the plaintiff shall be made by the clerk when there is filed in his or...
- § 18-60-811 - Order for Delivery of Property.
(a) The order for the delivery of the property to the plaintiff shall be addressed and delivered, with a copy thereof, to the sheriff....
- § 18-60-812 - Bond.
(a) The order shall not be complied with by the sheriff until there has been executed in his or her presence, by one (1)...
- § 18-60-813 - Execution of Order.
(a) The sheriff shall execute the order by taking the property therein mentioned, if it is found in the possession of the defendant, or...
- § 18-60-814 - Orders Directed to Other Counties.
(a) At any time before judgment an order may be directed to any other county for the delivery of the property claimed.(b) Several orders...
- § 18-60-815 - Disposition of Property Replevied.
If the affidavit of the plaintiff states that the property was taken under an execution, the sheriff shall deliver it to the plaintiff. In...
- § 18-60-816 - Redelivery Bond.
(a) (1) Within two (2) days after the taking of the property by the sheriff, in the case in which the property was not...
- § 18-60-817 - Appraisement of Property Before Taking Bond.
(a) Before taking any bond, upon the suggestion of either party that the value of the property is not truly stated in the order...
- § 18-60-818 - Claim of Third Party to Property.
(a) (1) If a person other than the defendant or his or her agent claims the property taken by the sheriff and delivers to...
- § 18-60-819 - Arrest and Discharge of Defendant.
(a) If the property described in the order shall have been removed or concealed so that the officer cannot make delivery thereof, when the...
- § 18-60-820 - Judgments Generally.
(a) In an action to recover the possession of personal property, judgment for the plaintiff may be for the delivery of the property, or...
- § 18-60-821 - Judgment Against Sureties.
(a) (1) In all actions for the recovery of personal property, where the defendant has given a delivery bond as provided for by §...
- § 18-60-822 - Assessment of Value and Damages.
In actions for recovery of specific personal property, the jury must assess the value of the property, and the damages for taking or detention,...
Last modified: November 15, 2016