reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 66 - EXECUTION OF JUDGMENTS (§§ 16-66-101 — 16-66-611) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-66-101 — 16-66-119) › Section 16-66-107 - Death of one or more plaintiffs

(a)
The death of one (1) or all the plaintiffs shall not prevent an execution being issued thereon. However, on such execution, the clerk shall endorse the death of such of them as are dead and, if all the plaintiffs are dead, the names of the personal representative or last survivor if the judgment passed to the personal representative, or the names of the survivor's heirs, if the judgment was for real property.
(b)
Before making the endorsements set forth in subsection (a) of this section, an affidavit of the death shall be filed with the clerk by one (1) of the plaintiffs, or personal representatives or heirs, or their attorney, and that the persons named as such are the personal representatives or heirs. In the case of personal representatives, they shall also file with the clerk a certificate of their qualification in the proper court in this state.
(c)
The sheriff, in acting upon an execution endorsed as provided in subsection (a) of this section, shall proceed as if the surviving plaintiff or plaintiffs, or the personal representative or heirs, were the only plaintiffs in the execution and shall take sale, stay, and forthcoming bonds accordingly.
(d)
The defendant may move the court to quash an execution on the ground that the personal representative or heirs of a deceased plaintiff are not properly stated in the endorsement on the execution and, during the vacation of the court, may obtain an injunction, upon its being made to appear that the persons named are not entitled to the judgment on which the execution was issued.
Civil Code, §§ 437-439, 441; C. & M. Dig., §§ 4262-4264, 4266; Pope's Dig., §§ 5274-5276, 5278; A.S.A. 1947, §§ 30-109 -- 30-112.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 66 - EXECUTION OF JUDGMENTS (§§ 16-66-101 — 16-66-611) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-66-101 — 16-66-119) › Section 16-66-108 - Death of part of defendants

The death of part only of the defendants shall not prevent execution being issued which, however, shall operate alone on the survivors and their property.
Civil Code, § 440; C. & M. Dig., § 4265; Pope's Dig., § 5277; A.S.A. 1947, § 30-113.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 66 - EXECUTION OF JUDGMENTS (§§ 16-66-101 — 16-66-611) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-66-101 — 16-66-119) › Section 16-66-109 - Executions directed to any county without court order

Executions issued upon any judgment, order, or decree rendered in any court of record may be directed to and executed in any county in this state without first procuring an order of the court for that purpose.
Rev. Stat., ch. 60, § 10; C. & M. Dig., § 4256; Pope's Dig., § 5268; A.S.A. 1947, § 30-114.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 66 - EXECUTION OF JUDGMENTS (§§ 16-66-101 — 16-66-611) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-66-101 — 16-66-119) › Section 16-66-110 - Endorsement of sheriff

Every sheriff or other officer to whom any execution may be delivered shall endorse thereon the hour, day of the month, and year when it came to his or her hands.
Rev. Stat., ch. 60, § 25; C. & M. Dig., § 4269; Pope's Dig., § 5281; A.S.A. 1947, § 30-115.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 66 - EXECUTION OF JUDGMENTS (§§ 16-66-101 — 16-66-611) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-66-101 — 16-66-119) › Section 16-66-111 - Priority of writs

If two (2) or more writs of execution come to the hands of the sheriff or another officer to whom execution may be delivered on the same day, the writ of execution which he or she first received shall have priority over the others and shall be executed accordingly.
Rev. Stat., ch. 60, § 25; C. & M. Dig., § 4269; Pope's Dig., § 5281; A.S.A. 1947, § 30-115.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 66 - EXECUTION OF JUDGMENTS (§§ 16-66-101 — 16-66-611) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-66-101 — 16-66-119) › Section 16-66-112 - Time execution attaches as lien

An execution shall be a lien on the property in any goods or chattels, or the rights or shares in any stock, or on any real estate, to which the lien of the judgment, order, or decree extends or has been determined, from the time the writ shall be delivered to the officer in the proper county to be executed.
Rev. Stat., ch. 60, § 24; C. & M. Dig., § 4276; Pope's Dig., § 5288; A.S.A. 1947, § 30-116.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 66 - EXECUTION OF JUDGMENTS (§§ 16-66-101 — 16-66-611) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-66-101 — 16-66-119) › Section 16-66-113 - Alias execution

(a)
If an execution is issued and the plaintiff desires to take out another at his or her own proper costs, the clerk may issue the execution, though the previous execution has not been returned.
(b)
If an execution is returned, in whole or in part, not satisfied, a new one may issue.
Civil Code, § 674; C. & M. Dig., §§ 4260, 4261; Pope's Dig., §§ 5272, 5273; A.S.A. 1947, §§ 30-117, 30-118.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 66 - EXECUTION OF JUDGMENTS (§§ 16-66-101 — 16-66-611) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-66-101 — 16-66-119) › Section 16-66-115 - Abstract of execution

(a)
The clerk shall keep a well-bound book in which he or she shall enter an abstract of all executions issued by him or her or out of his or her office, showing:
(1)
The date of the execution;
(2)
The names of the parties;
(3)
The amount of debt;
(4)
Damages;
(5)
Costs;
(6)
To what officer and county directed;
(7)
The return, if any; and
(8)
A reference to the book and page wherein the judgment, order, or decree whereon the execution issued is entered.
(b)
Every clerk shall, moreover, keep a regular index in alphabetical order, to the abstract of executions, both by the names of the plaintiffs and of the defendants therein.
Rev. Stat., ch. 60, §§ 11, 12; C. &. M. Dig., §§ 4267, 4268; Pope's Dig., §§ 5279, 5280; A.S.A. 1947, §§ 30-104, 30-105.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 66 - EXECUTION OF JUDGMENTS (§§ 16-66-101 — 16-66-611) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-66-101 — 16-66-119) › Section 16-66-116 - Conveyances by commissioners

(a)
Real property may be conveyed by a commissioner appointed by the court when:
(1)
By the judgment in an action, a party is ordered to convey that property to another; or
(2)
That property has been sold under a judgment or order of the court and the purchase money paid.
(b)
The deed of the commissioner shall so refer to the judgment, orders, and proceedings authorizing the conveyance that the judgment, orders, and proceedings may be readily found.
(c)
It shall be necessary for the conveyance to be signed by the commissioner only, without affixing the names of the parties whose title is conveyed. However, the names of the parties whose title is conveyed shall be recited in the body of the conveyance.
(d)
The conveyance shall be recorded in the office in which, by law, it should have been recorded had it been made by the parties whose title is conveyed by it.
(e)
(1)
A conveyance made in pursuance of a judgment shall pass to the grantee the title of the parties ordered to convey the land.
(2)
A conveyance made in pursuance of a sale ordered by the court shall pass to the grantee the title of all the parties to the action or proceeding.
(f)
After a conveyance is ordered or adjudged, it shall not be necessary to revive the action if any of the parties shall die, but the conveyance in pursuance of the judgment or order shall be effectual to pass the title, notwithstanding the death of any of the parties.
Civil Code, §§ 428-435; C. & M. Dig., §§ 1507-1512; Pope's Dig., §§ 1816-1823; A.S.A. 1947, §§ 30-501 -- 30-508; Acts 1989, No. 197, § 1.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 66 - EXECUTION OF JUDGMENTS (§§ 16-66-101 — 16-66-611) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-66-101 — 16-66-119) › Section 16-66-117 - Bonds in executions and judicial sales

(a)
Every bond taken on the sale of property under an order or decree in equity or on the sale of property under execution, and every stay bond and forthcoming bond shall be signed by the principal and sureties and attested by the person taking the bond or someone in his or her presence.
(b)
A bond so taken shall be returned to the proper officer with the report of the acts of the person taking it and, if taken under execution, the latter must be returned with the bond.
(c)
All such bonds shall have the force and effect of a judgment on which an execution may issue. The execution shall be endorsed to the effect that no surety of any kind is to be taken.
(d)
The officer taking any of the bonds described in subsection (a) of this section and his or her sureties, or their representatives, shall be jointly and severally liable to the person injured for any damages he or she may sustain by the officer's failing to discharge his or her duty in the taking of the bond.
(e)
(1)
If one (1) of several obligors or obligees in a bond having the force and effect of a judgment dies before the judgment is satisfied, execution may issue on the bond in the name of the surviving obligees against the obligors or the survivor.
(2)
When all the obligees in a bond as specified in subdivision (e)(1) of this section die, their personal representatives may, if the bond is not satisfied, sue out execution thereon after its maturity against the obligors, or their personal representatives if all the obligors are dead, or if only some of the obligors are dead, against the survivor and the personal representatives of the deceased.
(f)
When a bond having the force of a judgment is quashed, a new execution may issue on the original judgment at the instance of the plaintiff in the same manner as if that bond had never been given.
Civil Code, §§ 685-689; C. & M. Dig., §§ 4304-4310; Pope's Dig., §§ 5316-5322; A.S.A. 1947, §§ 30-601 -- 30-605.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 66 - EXECUTION OF JUDGMENTS (§§ 16-66-101 — 16-66-611) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-66-101 — 16-66-119) › Section 16-66-119 - Immunity of law enforcement officers

Any sheriff or other law enforcement officer acting reasonably, in good faith, and not in violation of clearly established law, and exercising due care while serving and executing writs of execution shall have immunity from suit and civil liability and shall not be liable for any civil damages for acts performed in the official performance of his or her duties.
Acts 1991, No. 424, § 1.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 66 - EXECUTION OF JUDGMENTS (§§ 16-66-101 — 16-66-611) › Subchapter 2 - PROPERTY SUBJECT TO EXECUTION - EXEMPTIONS (§§ 16-66-201 — 16-66-221) › Section 16-66-201 - Property subject to execution

The following described property shall be liable to be seized and sold under any execution upon any judgment, order, or decree of a court of record:
(1)
All goods and chattels not exempted in this subchapter;
(2)
All improvements on the public lands of the United States;
(3)
The rights and shares in the stock of any bank, insurance company, or other incorporation;
(4)
Any current gold or silver coin, which shall be returned as so much money collected, without exposing the current gold or silver coin to sale;
(5)
Any bill or other evidence of debt issued by any moneyed corporation of this state or any other state, belonging to any person against whom an execution shall be issued, at the time the writ is delivered to the officer to be executed, or at any time thereafter;
(6)
All real estate, whether patented or not, of which the defendant or any person for his or her use, was seized on the day of rendition of the judgment, order, or decree upon which the execution is issued, or at any time thereafter.
Rev. Stat., ch. 60, § 23; C. & M. Dig., § 4270; Pope's Dig., § 5282; A.S.A. 1947, § 30-201; Acts 2003, No. 1185, § 200.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 66 - EXECUTION OF JUDGMENTS (§§ 16-66-101 — 16-66-611) › Subchapter 2 - PROPERTY SUBJECT TO EXECUTION - EXEMPTIONS (§§ 16-66-201 — 16-66-221) › Section 16-66-202 - Married women's property subject to execution

Whenever a judgment has been recovered against a married woman, the judgment may be enforced by execution against her sole and separate estate or property to the same extent and in the same manner as if she were sole.
Acts 1873, No. 126, § 8, p. 382; C. & M. Dig., § 5586; Pope's Dig., § 7236; A.S.A. 1947, § 30-203.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 66 - EXECUTION OF JUDGMENTS (§§ 16-66-101 — 16-66-611) › Subchapter 2 - PROPERTY SUBJECT TO EXECUTION - EXEMPTIONS (§§ 16-66-201 — 16-66-221) › Section 16-66-203 - Encumbered property

(a)
Any property, real, personal, or mixed, may be subjected to seizure under execution, garnishment, attachment, or other process, even though the property is subject to mortgage, deed of trust, vendor's lien, conditional sales contract, chattel mortgage, or other lien. Any officer authorized by law to execute process, may seize, levy upon, or otherwise take possession of any property, whether real, personal, or mixed, even though there may be a lien against the property, and he or she may sell the property as provided by law.
(b)
(1)
Any prior lienholder or lienholders of any nature whatsoever shall be made a party or parties to the process, by the plaintiff or his or her attorney serving notice upon the lienholder or lienholders. This notice shall be served by any officer authorized to execute process. In the event the lienholder or lienholders are nonresidents of the State of Arkansas, then the plaintiff or his or her attorney shall give notice of the seizure of the property by registered mail to the lienholder or lienholders at their last known address. The return receipt of the lienholder or lienholders, or the affidavit of the plaintiff or his or her attorney, of the compliance with this subsection, shall be filed in the office of the clerk of the court from which the writ of garnishment, attachment, or other process is issued.
(2)
Any sale made under the provisions of this section shall be made subject to the lienholder's or lienholders' indebtedness.
(c)
This section shall not be construed to deprive any person or persons of their homestead or personal exemptions as provided by law.
Acts 1953, No. 205, §§ 1, 2; 1959, No. 183, § 1; A.S.A. 1947, §§ 30-219, 30-220.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 66 - EXECUTION OF JUDGMENTS (§§ 16-66-101 — 16-66-611) › Subchapter 2 - PROPERTY SUBJECT TO EXECUTION - EXEMPTIONS (§§ 16-66-201 — 16-66-221) › Section 16-66-204 - Leases subject to execution - Exception

Every unexpired lease of lands shall be subject to execution and sale as real estate; but this lease shall not be subject to sale under any execution issued by a justice of the peace.
Rev. Stat., ch. 60, § 73; C. & M. Dig., § 4271; Pope's Dig., § 5283; A.S.A. 1947, § 30-202.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 66 - EXECUTION OF JUDGMENTS (§§ 16-66-101 — 16-66-611) › Subchapter 2 - PROPERTY SUBJECT TO EXECUTION - EXEMPTIONS (§§ 16-66-201 — 16-66-221) › Section 16-66-205 - Exemption - Property of state

No property, whether real, personal, or mixed, or effects, credits, choses in action, assets of any description, securities or moneys belonging to the state, either legally or equitably, or the title of which may be in the state, shall be subject to judgment, decree, execution, or sequestration, or be seized on or sold by virtue of any order, judgment, decree, or process of any court whatever.
Acts 1855, § 8, p. 196; C. & M. Dig., § 4273; Pope's Dig., § 5285; A.S.A. 1947, § 30-204.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 66 - EXECUTION OF JUDGMENTS (§§ 16-66-101 — 16-66-611) › Subchapter 2 - PROPERTY SUBJECT TO EXECUTION - EXEMPTIONS (§§ 16-66-201 — 16-66-221) › Section 16-66-206 - Exemption - Improvements on public land

It is unlawful to levy upon and sell under any execution or decree any improvement, or right of preemption upon the public lands within this state, any law, usage, or custom, to the contrary notwithstanding. However, no other improvement on the public lands, as provided for above, shall be so exempt, except those on which the defendant may reside or cultivate at the time of issuing the execution.
Acts 1840, § 1, p. 9; C. & M. Dig., § 4272; Pope's Dig., § 5284; A.S.A. 1947, § 30-205.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 66 - EXECUTION OF JUDGMENTS (§§ 16-66-101 — 16-66-611) › Subchapter 2 - PROPERTY SUBJECT TO EXECUTION - EXEMPTIONS (§§ 16-66-201 — 16-66-221) › Section 16-66-207 - Exemption - Family or public graveyards

(a)
The clerk and recorder of deeds of the proper county, when any description of the metes and bounds of a family graveyard or public burial place shall be filed in his or her office, shall make a record of the description in the record of deeds, which shall be sufficient to exempt the land or burial place, not only from taxation, but also from execution.
(b)
Not more than five (5) acres shall be so exempted under this section.
Acts 1861, No. 196, §§ 1, 2, p. 373; C. & M. Dig., § 4275; Pope's Dig., § 5287; A.S.A. 1947, §§ 30-206, 30-206n.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 66 - EXECUTION OF JUDGMENTS (§§ 16-66-101 — 16-66-611) › Subchapter 2 - PROPERTY SUBJECT TO EXECUTION - EXEMPTIONS (§§ 16-66-201 — 16-66-221) › Section 16-66-208 - Exemptions - Wages - Penalty

(a)
(1)
The wages of all laborers and mechanics not exceeding their wages for sixty (60) days shall be exempt from seizure by garnishment, or other legal process if the defendant in any case files with the court from which the process is issued a sworn statement that the sixty (60) days' wages claimed to be exempt is less than the amount exempt to him or her under the Constitution of the state, and that he or she does not own sufficient other personal property which, together with the sixty (60) days' wages, would exceed in amount the limits of the constitutional exemption.
(2)
The party in whose favor the garnishment has been issued, and who asserts that a claim of exemption is invalid in whole or in part, by giving five (5) days' written notice to the person claiming the exemption, shall be entitled to a hearing before the court or judge issuing the garnishment upon the question of the validity of the claim of exemption. No supersedeas shall be issued for a period of five (5) days after the claim of exemption is made in order to provide time for the party in whose favor the garnishment has been issued to request such hearing. The notice required by this section shall be served by a person authorized to serve a summons under §
16-58-107
, and shall be filed in the office of the judge or the clerk issuing the garnishment.
(3)
(A)
If the claim of exemption is not valid, either in whole or in part, then the garnishment proceedings shall be stayed only as to such amount as the court may determine.
(B)
If the claim of exemption is sustained, the wages of the person claiming such exemption shall not again be seized by garnishment or other legal process, for a period of sixty (60) days.
(b)
(1)
The first twenty-five dollars ($25.00) per week of the net wages of all laborers and mechanics shall be absolutely exempt from garnishment or other legal process without the necessity of the laborer or mechanic filing a schedule of exemptions as provided in subsection (a) of this section.
(2)
The term "net wages", as used in this subsection, shall mean gross wages less the deductions actually withheld by the employer for Arkansas income tax, federal income tax, social security, group retirement, and group hospitalization insurance premiums and group life insurance premiums.
(c)
Any officer violating the provisions of this section shall be subject to the fines and penalty mentioned in §
16-66-214
.
Acts 1875 (Adj. Sess.), No. 23, § 1, p. 24; 1909, No. 195, § 1, p. 574; C. & M. Dig., § 5546; Pope's Dig., § 7185; Acts 1951, No. 301, § 3; 1953, No. 164, § 1; 1967, No. 65, § 1; A.S.A. 1947, § 30-207.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 66 - EXECUTION OF JUDGMENTS (§§ 16-66-101 — 16-66-611) › Subchapter 2 - PROPERTY SUBJECT TO EXECUTION - EXEMPTIONS (§§ 16-66-201 — 16-66-221) › Section 16-66-209 - Exemption - Proceeds of life, health, accident, and disability insurance - Definition

(a)
(1)
To the extent permitted by the Arkansas Constitution, all moneys paid or payable to any resident of this state under an insurance policy providing for the payment of life, sick, accident, or disability benefits shall be exempt from liability or seizure under judicial process of any court and shall not be subjected to the payment of any debt by contract or otherwise by any writ, order, judgment, or decree of any court.
(2)
The exemption under subdivision (a)(1) of this section does not apply to a writ, order, seizure, or other judicial process arising from a judgment for damages for personal injury involving a felony offense for which the beneficiary has been convicted in a federal or state court.
(b)
As used in this section, "moneys" means a payment made under an insurance policy to compensate:
(1)
The insured or beneficiary for a claim under the policy; or
(2)
The owner, insured, or beneficiary for the cash surrender value of the policy.
(c)
Nothing in this section shall be construed to affect the validity of any sale, assignment, mortgage, pledge, or hypothecation of a policy of insurance or the avails, proceeds, or benefits of a policy of insurance.
Amended by Act 2021, No. 879,§ 1, eff. 4/25/2021.
Acts 1933, No. 102, § 1; Pope's Dig., § 7988; A.S.A. 1947, § 30-208; Acts 2009, No. 469, § 1.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 66 - EXECUTION OF JUDGMENTS (§§ 16-66-101 — 16-66-611) › Subchapter 2 - PROPERTY SUBJECT TO EXECUTION - EXEMPTIONS (§§ 16-66-201 — 16-66-221) › Section 16-66-210 - Homestead Exemption Act

(a)
This section shall be known and may be cited as the "Homestead Exemption Act of 1981".
(b)
The homestead of any resident of this state who is married or the head of a family shall not be subject to the lien of any judgment, or decree of any court, or to sale under execution or other process thereon, except such as may be rendered for the purchase money or for specific liens, laborers' or mechanics' liens for improving the homestead, or for taxes, or against executors, administrators, guardians, receivers, attorneys for moneys collected by them, and other trustees of an express trust for moneys due from them, in their fiduciary capacity.
(c)
(1)
The homestead outside any city, town, or village, owned and occupied as a residence, shall consist of no more than one hundred sixty (160) acres of land, with the improvements thereon, to be selected by the owner. The homestead shall not exceed in value the sum of two thousand five hundred dollars ($2,500), but, in no event shall the homestead be reduced to less than eighty (80) acres, without regard to value.
(2)
The homestead in any city, town, or village, owned and occupied as a residence, shall consist of not more than one (1) acre of land, with the improvements thereon, to be selected by the owner. The homestead shall not exceed the sum of two thousand five hundred dollars ($2,500) in value, but in no event shall the homestead be reduced to less than one-quarter (¼) of an acre of land, without regard to value.
(3)
Any homestead outside any city, town, or village, owned and occupied as a residence, which is annexed to or made part of an incorporated city or town within the State of Arkansas, shall retain its exemption under subdivision (c)(1) of this section as long as the land on which it is located remains rural in nature and has a significant agricultural use.
(d)
The homestead provided for in this section shall inure to the benefit of the minor children, under the exemptions provided in this section, after the demise of the parents.
Acts 1981, No. 663, §§ 1-4, 6; A.S.A. 1947, §§ 30-221 -- 30-224, 30-226; Acts 1989, No. 282, § 1.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 66 - EXECUTION OF JUDGMENTS (§§ 16-66-101 — 16-66-611) › Subchapter 2 - PROPERTY SUBJECT TO EXECUTION - EXEMPTIONS (§§ 16-66-201 — 16-66-221) › Section 16-66-211 - Claiming exemptions - Schedule of property - Stay of execution - Levy on remainder of property - Appeal

(a)
(1)
Whenever any resident of this state, upon the issue against him or her for the collection of any debt by contract of any execution or other process, of any attachment except specific attachment against his or her property, desires to claim any of the exemptions provided for by law, he or she shall prepare a schedule, verified by affidavit, of all his or her property. This schedule shall include moneys, rights, credits, and choses in action held by himself or herself or others for him or her and specifying the particular property which he or she claims as exempt under the provisions of the Arkansas Constitution, Article 9.
(2)
After giving five (5) days' notice in writing to the opposing party or his or her agent or attornery, the resident claiming the exemption shall file the schedule with the judge or clerk issuing the execution or other process or attachment.
(3)
A hearing shall be ordered by the court or judge issuing the process if, within five (5) days after receiving the notice required to be given by the person claiming the exemption, the party in whose favor the process issued files a request for a hearing with the judge or clerk of the court.
(4)
If after the hearing, either in open court or by the judge in vacation, the claim of exemption is determined to be valid, then supersedeas shall issue, staying any sale or further proceeding under the execution, process, or attachment against the property described in the schedule, and claimed as exempted, and by returning the property to the defendant.
(5)
No alias execution shall be levied on property relieved from process by claim of exemption until one (1) year from the date of the filing of the schedule of exemptions.
(b)
(1)
If the debtor has other property than that claimed in any former schedule, the officer shall levy upon that other property.
(2)
If the debtor desires to claim further exemptions, he shall include all his property in any schedule therefor.
(c)
If in any such schedule it appears that the debtor has more property in value than is exempt by law, he or she shall select his or her exemptions. The remainder of the property shall be subject to the levy of the execution, whether the property is included in any former schedule or not.
(d)
An appeal may be taken to the circuit court from any order of judgment rendered by a justice of the peace upon the filing of the affidavit and upon executing the bond required in other cases of appeal.
Acts 1871, No. 58, § 1, p. 285; 1877, No. 53, § 1, p. 53; 1891, No. 3, § 1, p. 2; C. & M. Dig., §§ 5549-5551; Pope's Dig., §§ 7188-7190; Acts 1953, No. 164, § 2, p. 555; 1981, No. 714, § 1; A.S.A. 1947, § 30-209.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 66 - EXECUTION OF JUDGMENTS (§§ 16-66-101 — 16-66-611) › Subchapter 2 - PROPERTY SUBJECT TO EXECUTION - EXEMPTIONS (§§ 16-66-201 — 16-66-221) › Section 16-66-212 - Right of homestead not lost by failure to schedule - Wife may claim

(a)
A debtor's right of homestead shall not be lost or forfeited by his or her omission to select and claim it as exempt before the sale thereof on execution, nor by his or her failure to file a description or schedule of the homestead in the recorder's or clerk's office.
(b)
The debtor may select and claim his or her homestead after or before its sale on execution and may set up his or her right of homestead when suit is brought against him or her for possession.
(c)
If a spouse neglects or refuses to make such claim, his or her spouse may intervene and set it up.
(d)
If the debtor does not reside on his or her homestead and is the owner of more land than he or she is entitled to hold as a homestead, the debtor or his or her spouse, as the case may be, shall select the homestead before sale.
Acts 1887, No. 64, § 2, p. 90; C. & M. Dig., § 5543; Pope's Dig., § 7182; A.S.A. 1947, § 30-210.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 66 - EXECUTION OF JUDGMENTS (§§ 16-66-101 — 16-66-611) › Subchapter 2 - PROPERTY SUBJECT TO EXECUTION - EXEMPTIONS (§§ 16-66-201 — 16-66-221) › Section 16-66-213 - Appraisal of property claimed as exempt

(a)
Upon application to the justice or clerk by the plaintiff in whose favor such execution, process, or attachment shall have been issued, the justice or clerk, as the case may be, shall forthwith appoint three (3) disinterested appraisers, to be summoned and sworn by the officer levying the attachment, execution, or process.
(b)
(1)
The appraisers shall proceed at once to appraise the property claimed as exempt.
(2)
The appraisal signed by a majority of the appraisers shall be returned with the writ.
(c)
(1)
If a majority of the appraisers decides that the full amount of the property described and claimed as exempted in the schedule is within the limit of valuation prescribed by the Constitution, then the officer levying the attachment or execution or enforcing other process, shall surrender the property to the defendant. The costs of the proceeding shall be paid by the plaintiff making application for the appraisal.
(2)
If the decision shall be that the property described exceeds in value the amount exempted by the Constitution, then the justice or the clerk shall revoke the supersedeas so far as concerns such items of the property described as the appraisers may designate as in excess of the amount of exemption provided for by the Constitution, and the costs of the proceeding shall be paid by the defendant in the action.
(d)
Either party shall have the right to appeal from the decision of the board of appraisers provided for in this section. If the board has been appointed by a justice of the peace, then the appeal shall be made to the circuit court of the county upon presentation of a duly certified transcript of the attachment, execution, or other process issued and of the decision of the appraisers. If the board has been appointed by the clerk of a court, then the appeal shall be made to the court by whose clerk the board was appointed.
(e)
The appraisers shall each receive as compensation for their services the sum of three dollars ($3.00) per day for each day's service rendered, not to exceed two (2) days. This amount is to be taxed in the costs of the proceeding.
Acts 1871, No. 58, §§ 1, 2, 4, p. 285; 1877, No. 53, §§ 2-4, p. 53; C. & M. Dig., §§ 5552-5555, 5558; Pope's Dig., §§ 7191-7194, 7197; A.S.A. 1947, §§ 30-211 -- 30-214, 30-216.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 66 - EXECUTION OF JUDGMENTS (§§ 16-66-101 — 16-66-611) › Subchapter 2 - PROPERTY SUBJECT TO EXECUTION - EXEMPTIONS (§§ 16-66-201 — 16-66-221) › Section 16-66-214 - Effect of filing schedule - Sale stayed without bond - Penalty for sale of scheduled property

(a)
When the schedule provided for in §
16-66-211
has been filed as prescribed in that section, the provisions of Chapter VI, of Title XV of the Code of Civil Practice shall not be considered as applying to the case of the execution or other final process stayed.
(b)
(1)
No indemnifying bond shall be received by the officer levying the execution or enforcing the final process.
(2)
If any officer, under the pretext of having received an indemnifying bond, undertakes to sell the property described in the schedule, he or she shall be deemed guilty of gross misdemeanor and shall, upon conviction, be imprisoned in the county jail for a term of not less than one (1) month nor to exceed two (2) months and shall be fined in a sum not less than one hundred dollars ($100) nor more than five hundred dollars ($500). He or she shall furthermore be liable upon his official bond to the defendant in twice the amount of damages incurred by the defendant.
Acts 1871, No. 58, § 3, p. 285; C. & M. Dig., §§ 5556, 5557; Pope's Dig., §§ 7195, 7196; A.S.A. 1947, § 30-215.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 66 - EXECUTION OF JUDGMENTS (§§ 16-66-101 — 16-66-611) › Subchapter 2 - PROPERTY SUBJECT TO EXECUTION - EXEMPTIONS (§§ 16-66-201 — 16-66-221) › Section 16-66-215 - Evasion of exemption law in collection of debt - Penalty

Whoever, whether principal, agent, or attorney, under the statutes of this state on the subject of the exemption of property from levy and sale on execution, or in attachment or garnishment, with intent to deprive any resident of this state of his or her rights, sends or causes to be sent out of this state any claim for debt to be collected by proceeding in attachment, garnishment, or other mesne process when the creditor, debtor, person, and corporation owing for the earnings intended to be reached by such proceedings is each within the jurisdiction of the courts of this state shall be guilty of a violation and upon conviction shall be fined for each and every claim so sent out of this state in any sum not less than ten dollars ($10.00) nor more than fifty dollars ($50.00).
Acts 1909, No. 34, § 1, p. 77; C. & M. Dig., § 5547; Pope's Dig., § 7186; A.S.A. 1947, § 30-217; Acts 2005, No. 1994, § 83.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 66 - EXECUTION OF JUDGMENTS (§§ 16-66-101 — 16-66-611) › Subchapter 2 - PROPERTY SUBJECT TO EXECUTION - EXEMPTIONS (§§ 16-66-201 — 16-66-221) › Section 16-66-216 - Assignment or transfer of debt - Penalty for evasion

Whoever, either directly or indirectly, assigns or transfers any claims for debts against a citizen of this state for the purpose of having the claims for debts collected by proceedings in attachment, garnishment, or other process out of the wages or personal earnings of the debtor in courts outside of this state when the creditor, debtor, person, or corporation owing the money intended to be reached by the proceedings in attachment is each within the jurisdiction of the courts of this state shall be guilty of a violation and upon conviction shall be fined in any sum not less than ten dollars ($10.00) nor more than fifty dollars ($50.00).
Acts 1909, No. 34, § 2, p. 77; C. & M. Dig., § 5548; Pope's Dig., § 7187; A.S.A. 1947, § 30-218; Acts 2005, No. 1994, § 83.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 66 - EXECUTION OF JUDGMENTS (§§ 16-66-101 — 16-66-611) › Subchapter 2 - PROPERTY SUBJECT TO EXECUTION - EXEMPTIONS (§§ 16-66-201 — 16-66-221) › Section 16-66-217 - Election of bankruptcy exemptions

Residents of this state having the right to claim exemptions in a bankruptcy proceeding pursuant to
11 U.S.C. § 522
shall have the right to elect either:
(i)
The property exemptions provided by the Constitution and the laws of the State of Arkansas; or
(ii)
The property exemptions provided by
11 U.S.C. § 522(d)
.
Acts 1991, No. 345, § 2.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 66 - EXECUTION OF JUDGMENTS (§§ 16-66-101 — 16-66-611) › Subchapter 2 - PROPERTY SUBJECT TO EXECUTION - EXEMPTIONS (§§ 16-66-201 — 16-66-221) › Section 16-66-219 - Wedding rings exempt

A person's wedding ring shall be exempt from attachment, execution, and seizure for satisfaction of debts.
Acts 1989, No. 428, § 1.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 66 - EXECUTION OF JUDGMENTS (§§ 16-66-101 — 16-66-611) › Subchapter 2 - PROPERTY SUBJECT TO EXECUTION - EXEMPTIONS (§§ 16-66-201 — 16-66-221) › Section 16-66-220 - Pension and profit-sharing plans

(a)
(1)
A person's right to the assets held in or to receive payments, whether vested or not, under a pension, profit-sharing, or similar plan or contract, including a retirement plan for self-employed individuals, or under an individual retirement account or an individual retirement annuity, including a simplified employee pension plan, is exempt from attachment, execution, and seizure for the satisfaction of debts unless the plan, contract, or account does not qualify under the applicable provisions of the Internal Revenue Code of 1986.
(2)
A person's right to the assets held in or to receive payments, whether vested or not, under a government or church plan or contract is also exempt unless the plan or contract does not qualify under the definition of a government or church plan under the applicable provisions of the federal Employee Retirement Income Security Act of 1974.
(b)
(1)
Contributions to an individual retirement account that exceed the amounts deductible under the applicable provisions of the Internal Revenue Code of 1986 and any accrued earnings on such contributions are not exempt under this section unless otherwise exempt by law.
(2)
However, the limitations of subdivision (b)(1) of this section do not apply to an individual retirement account established pursuant to and qualifying under § 408(A) of the Internal Revenue Code of 1986.
Acts 1989, No. 428, § 2; 1999, No. 867, § 1.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 66 - EXECUTION OF JUDGMENTS (§§ 16-66-101 — 16-66-611) › Subchapter 2 - PROPERTY SUBJECT TO EXECUTION - EXEMPTIONS (§§ 16-66-201 — 16-66-221) › Section 16-66-221 - Schedule of property - Filing

(a)
Whenever any final judgment order of a court of record is entered against a judgment debtor, the judgment debtor shall prepare a schedule, verified by affidavit, of all the judgment debtor's property, both real and personal, including moneys, bank accounts, rights, credits, and choses in action held by the judgment debtor or others for the judgment debtor and specify the particular property which the judgment debtor claims as exempt under the provisions of the law.
(b)
The schedule shall be filed with the clerk of the court in which the final judgment order was rendered within forty-five (45) days of entry of the final judgment order.
(c)
(1)
All final judgment orders of a court of record in this state shall include a provision requiring the judgment debtor to comply with the requirements of this section.
(2)
However, the absence of the provision from a final judgment shall not invalidate the judgment.
Amended by Act 2023, No. 740,§ 1, eff. 8/1/2023.
Acts 1991, No. 610, §§ 1, 2; 1993, No. 120, § 1.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 66 - EXECUTION OF JUDGMENTS (§§ 16-66-101 — 16-66-611) › Subchapter 3 - STAYING, QUASHING, OR VACATING WRIT (§§ 16-66-301 — 16-66-305) › Section 16-66-301 - Petition to judge, stay, quash, or set aside execution - Proceedings

(a)
If any person against whom any execution has been issued applies to the judge of the court out of which the execution or order of sale was issued, by petition verified by affidavit, setting forth good cause why the execution ought to be stayed, set aside, or quashed, reasonable notice of the intended application having been previously given to the adverse party or his or her agent or attorney of record, the judge shall, upon the application, hear the complaint.
(b)
(1)
If it appears that the execution ought to be stayed, set aside, or quashed and the petitioner enters into a recognizance with sufficient security in such sum as may be reasonable to be taken and approved by the judge, conditioned that if the application is determined against the petitioner, he or she will pay the debt, damages, and costs, to be recovered by the execution or order of sale, surrender in execution his or her property liable to be seized, taken, and sold by the execution or order of sale, or that the sureties will do it for him or her, then the judge shall make an order for the stay of the execution or order of sale as aforesaid.
(2)
However, all property real and personal bound by the execution or order of sale shall remain bound as if no such stay had been granted.
(c)
On the presentation of a certified copy of the order to the officer having charge of the execution or order of sale, he or she shall immediately return the execution or order of sale without further action.
(d)
The judge shall return the petition and proceedings thereon, duly certified, to the court out of which the execution was issued or the order of sale made returnable. The clerk of that court shall enter the petition and proceedings upon the docket, and the court shall hear and determine the petition and proceedings in a summary manner, according to right and justice, and may award a perpetual stay of or quash the execution or order of sale, or may order the execution or order of sale to be enforced.
Rev. Stat., ch. 60, §§ 70-72; C. & M. Dig., §§ 4291-4293; Pope's Dig., §§ 5303-5305; A.S.A. 1947, §§ 30-311 -- 30-313.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 66 - EXECUTION OF JUDGMENTS (§§ 16-66-101 — 16-66-611) › Subchapter 3 - STAYING, QUASHING, OR VACATING WRIT (§§ 16-66-301 — 16-66-305) › Section 16-66-302 - Stay not allowed in specified instances

(a)
No stay shall be allowed upon:
(1)
A judgment or decree against any collecting officer, attorney at law, or agent for a delinquency or default in executing or fulfilling the duties of his or her office or place, or failing to pay over money collected by him or her in such capacity, or against a principal by his or her surety, or of a debt due by obligation having the force of a judgment, or of a judgment or decree for specific property, or for the property or its value; or
(2)
A judgment or decree enforcing a lien in favor of a vendor or mortgagee; or
(3)
A judgment for personal injury or injuries resulting in death caused by neglect or default of another.
(b)
In the cases mentioned in this section in which a stay is not allowed, the execution shall be so endorsed by the clerk.
Civil Code, § 679; Acts 1909, No. 202, § 1, p. 590; C. & M. Dig., § 4297; Pope's Dig., § 5309; A.S.A. 1947, § 30-304.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 66 - EXECUTION OF JUDGMENTS (§§ 16-66-101 — 16-66-611) › Subchapter 3 - STAYING, QUASHING, OR VACATING WRIT (§§ 16-66-301 — 16-66-305) › Section 16-66-303 - Stay of execution - Bonds

(a)
The defendants, except in cases otherwise provided for in this subchapter, when there is no execution thereon in the hands of a collecting officer, may stay any judgment or decree for money for six (6) months by giving, before the clerk of the court entering up the judgment or decree, an obligation with good surety, to be approved by the officer, in substance as follows:
"This day the defendant, A. B. together with C. D., his or her surety, came before me, a clerk of the circuit court, and undertook that they would satisfy and pay E. F. his or her judgment, including interest (if any) and cost, amounting to ............... dollars, rendered in his or her favor against A. B. by this court, within six (6) months, with legal interest on the whole amount thereof from this date."
(b)
At any time before a sale of property under the execution, any execution on a judgment or decree which could be stayed before the execution issued may, be stayed for six (6) months by the defendant's giving to the officer acting under the execution an obligation payable to the plaintiff with good security for the amount thereof including interest, cost, and half of the commissions up to that time. The obligation may be in substance as follows:
"We, A. B., principal, and E. F., surety, do bind ourselves six (6) months after the date hereof to pay C. D., the plaintiff in execution, the sum of $............... dollars, to bear interest from this date, being the amount of an execution which issued from the office of the clerk of the ...............Circuit Court Clerk on the ............... day of ..............., 20............... in favor of the said C. D. for the sum of $ ............... debt (or damages); $ ............... interest; $ ............... cost of suit; and $ ............... sheriff's half commission, amounting in the whole to the sum of $ ............... aforesaid, against the said A. B., and we, the said A. B. and E. F., surety, have stayed the same.
Witness our hands this ............... day of ..............., 20................"
Civil Code, §§ 676, 677; Acts 1889, No. 66, §§ 1, 2, p. 82; C. & M. Dig., §§ 4294, 4295; Pope's Dig., §§ 5306, 5307; A.S.A. 1947, §§ 30-301, 30-302.