reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 2 - REAL PROPERTY (§§ 18-11-101 — 18-17-913) › Chapter 17 - ARKANSAS RESIDENTIAL LANDLORD - TENANT ACT OF 2007 (§§ 18-17-101 — 18-17-913) › Subchapter 9 - EVICTION PROCEEDINGS (§§ 18-17-901 — 18-17-913) › Section 18-17-905 - Trial of issue

If the tenant appears and contests eviction, the court shall hear and determine the case as any other civil case.
Acts 2007, No. 1004, § 1.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 2 - REAL PROPERTY (§§ 18-11-101 — 18-17-913) › Chapter 17 - ARKANSAS RESIDENTIAL LANDLORD - TENANT ACT OF 2007 (§§ 18-17-101 — 18-17-913) › Subchapter 9 - EVICTION PROCEEDINGS (§§ 18-17-901 — 18-17-913) › Section 18-17-906 - Designation of parties in eviction

In any eviction proceeding in a district court, the landlord shall be designated as plaintiff and the tenant as defendant.
Acts 2007, No. 1004, § 1; 2009, No. 311, § 7.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 2 - REAL PROPERTY (§§ 18-11-101 — 18-17-913) › Chapter 17 - ARKANSAS RESIDENTIAL LANDLORD - TENANT ACT OF 2007 (§§ 18-17-101 — 18-17-913) › Subchapter 9 - EVICTION PROCEEDINGS (§§ 18-17-901 — 18-17-913) › Section 18-17-907 - Effect of judgment for plaintiff

If the judgment is for the plaintiff, the district court shall within three (3) days issue a writ of eviction, and the tenant shall be evicted by the sheriff of the county.
Acts 2007, No. 1004, § 1; 2009, No. 311, § 8.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 2 - REAL PROPERTY (§§ 18-11-101 — 18-17-913) › Chapter 17 - ARKANSAS RESIDENTIAL LANDLORD - TENANT ACT OF 2007 (§§ 18-17-101 — 18-17-913) › Subchapter 9 - EVICTION PROCEEDINGS (§§ 18-17-901 — 18-17-913) › Section 18-17-908 - Effect of judgment for defendant

If the judgment is for the defendant, the tenant shall be entitled to remain in possession until:
(1)
The termination of his or her tenancy by agreement or operation of law;
(2)
Failure or neglect to pay rent; or
(3)
Eviction in another proceeding under this chapter or by the judgment of a court of competent jurisdiction.
Acts 2007, No. 1004, § 1; 2009, No. 311, § 9.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 2 - REAL PROPERTY (§§ 18-11-101 — 18-17-913) › Chapter 17 - ARKANSAS RESIDENTIAL LANDLORD - TENANT ACT OF 2007 (§§ 18-17-101 — 18-17-913) › Subchapter 9 - EVICTION PROCEEDINGS (§§ 18-17-901 — 18-17-913) › Section 18-17-909 - Appeal

Either party may appeal in an eviction case and the appeal shall be heard and determined as other appeals in civil cases.
Acts 2007, No. 1004, § 1.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 2 - REAL PROPERTY (§§ 18-11-101 — 18-17-913) › Chapter 17 - ARKANSAS RESIDENTIAL LANDLORD - TENANT ACT OF 2007 (§§ 18-17-101 — 18-17-913) › Subchapter 9 - EVICTION PROCEEDINGS (§§ 18-17-901 — 18-17-913) › Section 18-17-910 - Bond required to stay eviction on appeal

(a)
An appeal in an eviction case will not stay eviction unless at the time of appealing the tenant shall give an appeal bond as in other civil cases for an amount to be fixed by the court and conditioned for the payment of all costs and damages that the landlord may sustain.
(b)
If the tenant fails to file the bond within five (5) days after service of the notice of appeal, the appeal shall be dismissed.
Acts 2007, No. 1004, § 1.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 2 - REAL PROPERTY (§§ 18-11-101 — 18-17-913) › Chapter 17 - ARKANSAS RESIDENTIAL LANDLORD - TENANT ACT OF 2007 (§§ 18-17-101 — 18-17-913) › Subchapter 9 - EVICTION PROCEEDINGS (§§ 18-17-901 — 18-17-913) › Section 18-17-911 - Accrual of rent after institution of proceedings

(a)
(1)
After the commencement of eviction proceedings by the issuance of an order to vacate or to show cause as provided in §
18-17-902
, the rent for the use and occupancy of the premises involved shall continue to accrue so long as the tenant remains in possession of the premises at the rate as prevailed immediately before the issuance of the order to vacate or show cause.
(2)
The tenant shall be liable for the payment of the rent, the collection of which may be enforced as provided with respect to other rents.
(b)
The acceptance by the landlord of any rent, whether it shall have accrued at the time of the issuance of the order to vacate or to show cause or shall subsequently accrue, shall not operate as a waiver of the landlord's right to insist upon eviction or as a renewal or extension of the tenancy, but the rights of the parties as they existed at the time of the issuance of the order to vacate or to show cause shall control.
Acts 2007, No. 1004, § 1; 2009, No. 311, § 10; 2009, No. 482, § 10.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 2 - REAL PROPERTY (§§ 18-11-101 — 18-17-913) › Chapter 17 - ARKANSAS RESIDENTIAL LANDLORD - TENANT ACT OF 2007 (§§ 18-17-101 — 18-17-913) › Subchapter 9 - EVICTION PROCEEDINGS (§§ 18-17-901 — 18-17-913) › Section 18-17-912 - Commercial leases

(a)
In any action involving a commercial lease in which the landlord sues for possession and the tenant raises defenses or counterclaims under this chapter or the lease agreement:
(1)
(A)
The tenant shall pay the landlord all rent that becomes due after the issuance of the order requiring the tenant to vacate or show cause as rent becomes due.
(B)
The landlord shall provide the tenant with a written receipt for each payment except when the tenant pays by check; and
(2)
(A)
The tenant shall pay the landlord all rent allegedly owed before the issuance of the order to vacate or to show cause.
(B)
However, in lieu of the payment under subdivision (a)(2)(A) of this section the tenant may be allowed to submit to the court a receipt or cancelled check, or both, indicating that payment has been made to the landlord.
(b)
(1)
If the amount of rent is in controversy, the court shall preliminarily determine the amount of rent to be paid to the landlord.
(2)
(A)
If the tenant appears in response to the order to vacate or to show cause and alleges that rent due owed under §
18-17-911
and this section has been paid, the court shall determine the issue.
(B)
If the tenant has failed to comply with §
18-17-911
and this section, the court shall issue a writ of possession, and the landlord shall be placed in full possession of the premises by the sheriff.
(3)
If the amount of rent due is determined at final adjudication to be less than the amount alleged by the landlord, judgment shall be entered for the tenant if the court determines that the tenant has complied fully with the provisions of §
18-17-911
, this section, and the lease agreement.
(4)
If the court orders that the tenant pay all rent due and accruing as of and during the pendency of the action, the judgment may require the payments to be made to either the:
(A)
Commercial landlord; or
(B)
(i)
Clerk of the district court who shall hold the payments until the final disposition of the case.
(ii)
(a)
If payments are to be made through the district clerk's office, a fee of three percent (3%) of the rental payment shall be added to the amount paid through the district clerk's office.
(b)
The fee of three percent (3%) shall be retained by the district clerk's office to defray the costs of collection.
(c)
If the tenant fails to make a payment as provided in §
18-17-911
and this section, the tenant's failure to comply entitles the landlord to execution of the judgment for possession, and upon application of the landlord, the district court shall issue a writ of possession and the landlord shall be placed in full possession of the premises by the sheriff or his or her deputy.
Acts 2007, No. 1004, § 1; 2009, No. 311, § 11; 2009, No. 482, § 11.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 2 - REAL PROPERTY (§§ 18-11-101 — 18-17-913) › Chapter 17 - ARKANSAS RESIDENTIAL LANDLORD - TENANT ACT OF 2007 (§§ 18-17-101 — 18-17-913) › Subchapter 9 - EVICTION PROCEEDINGS (§§ 18-17-901 — 18-17-913) › Section 18-17-913 - Execution of writ of possession

In executing a writ of possession, the sheriff shall proceed in accordance with the provisions of §
18-60-310
.
Acts 2007, No. 1004, § 1; 2009, No. 311, § 12.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 3 - PERSONAL PROPERTY (§§ 18-27-101 — 18-29-204) › Chapter 27 - RIGHTS IN PERSONAL PROPERTY (§§ 18-27-101 — 18-27-306) › Subchapter 1 - GENERAL PROVISIONS (§§ 18-27-101 — 18-27-103) › Section 18-27-101 - Joint tenancy in stock certificate

(a)
In any instance in which any corporation or cooperative association organized under the laws of the State of Arkansas may issue any stock certificate or other form of certificate of any character evidencing ownership or equity in the corporation or cooperative association in two (2) or more persons and shall use the word "or" between the names of the persons to whom it is issued so as to cause the same to read in the alternative, the persons to whom the certificate is issued in this form shall hold and own the same as joint tenants and not as tenants in common. Full and complete ownership of the certificate so issued shall pass and belong to the last survivor of the persons so named.
(b)
Any one (1) of the persons to whom any certificate may be issued in manner and form as provided in subsection (a) of this section may endorse, assign, or transfer the certificate as fully and as effectively as could all persons therein named joining together. The endorsement, assignment, or transfer so made shall be fully binding on all persons named therein.
Acts 1959, No. 161, §§ 1, 2; A.S.A. 1947, §§ 50-110, 50-111.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 3 - PERSONAL PROPERTY (§§ 18-27-101 — 18-29-204) › Chapter 27 - RIGHTS IN PERSONAL PROPERTY (§§ 18-27-101 — 18-27-306) › Subchapter 1 - GENERAL PROVISIONS (§§ 18-27-101 — 18-27-103) › Section 18-27-102 - Safe-deposit boxes

(a)
Any state, national or private bank, savings and loan association, hotel, or other private safe-deposit company, in this subchapter referred to as a bank, financial institution, or company, may maintain safe-deposit boxes and rent the safe-deposit boxes.
(b)
(1)
If a safe-deposit box is held in the name of two (2) or more persons jointly, any one (1) of such persons shall be entitled to access to the box and shall be permitted to remove the contents thereof, and the bank, financial institution, or company shall not be responsible for any damage arising by reason of the access or removal by one (1) of the persons.
(2)
The death of one (1) holder of a jointly held safe-deposit box does not affect the right of any other holder of the box to have access to and remove contents from the box.
(c)
(1)
If the box rental is delinquent for six (6) months, the bank, financial institution, or company, after at least thirty (30) days' notice by certified return receipt mail addressed to the lessee at his or her last known address on the books of the bank, financial institution, or company, if the rent is not paid within the time specified in the notice, may open the box in the presence of two (2) employees, at least one (1) of whom is an officer or manager of the bank, financial institution, or company, and a notary public.
(2)
The bank, financial institution, or company must inventory the contents of the box in detail and place the contents of the box in a sealed envelope or container bearing the name of the lessee.
(3)
(A)
The bank, financial institution, or company shall then hold the contents of the box subject to a lien for its rental, the cost of opening the box, and the damages in connection therewith.
(B)
If such rental, cost, and damages are not paid within two (2) years from the date of opening of such box, the bank, financial institution, or company may sell any part or all of the contents at public auction in like manner and upon like notice as is prescribed for the sale of real property under mortgage or deed of trust.
(C)
Any unauctioned contents of boxes and any excess proceeds from such sale shall be remitted to the Auditor of State under the procedures prescribed by §
18-28-201
et seq.
Acts 1991, No. 415, § 1.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 3 - PERSONAL PROPERTY (§§ 18-27-101 — 18-29-204) › Chapter 27 - RIGHTS IN PERSONAL PROPERTY (§§ 18-27-101 — 18-27-306) › Subchapter 1 - GENERAL PROVISIONS (§§ 18-27-101 — 18-27-103) › Section 18-27-103 - Abandonment of personal property

(a)
Upon the purchase of land at a judicial sale, nonjudicial foreclosure sale, under the Arkansas Statutory Foreclosure Act, §
18-50-101
et seq., or otherwise, or a tax sale, all personal property remaining on the land or in any structure on the land shall be considered to have been abandoned if:
(1)
The owner of the personal property has received notice of the sale of the land and has neither removed the personal property nor notified the purchaser in writing of the owner's claim to the personal property within thirty (30) days of recording the deed commemorating the sale; or
(2)
(A)
After the sale, the purchaser may mail to the last known mailing address of all previous occupants and post notice of the sale of the land and the owner of the personal property has not:
(i)
Removed the personal property; or
(ii)
Notified the purchaser in writing of the owner's claim to the personal property within thirty (30) days of the posting of the notice.
(B)
The notice shall be dated, mailed by certified mail, posted conspicuously on the land, and contain a statement that informs the owner of the personal property that all personal property not removed or claimed within the thirty (30) days of the posting date period shall be considered abandoned.
(b)
(1)
If the owner of the personal property does not remove the personal property within thirty (30) days, but merely gives the purchaser written notice of the owner's claim, the purchaser may remove and store the personal property at the owner's expense.
(2)
(A)
The personal property shall be stored for no more than thirty (30) days at the owner's expense.
(B)
If the owner of the personal property does not take possession of the personal property and pay the reasonable expense of storage within the thirty (30) days, the personal property shall be considered abandoned.
(c)
A purchaser of land that disposes of personal property that is considered abandoned under this section is not subject to liability or suit.
(d)
The following property is not personal property that may be considered abandoned under this section:
(1)
A manufactured home or mobile home on which a creditor or other party holds a mortgage, lien, security interest, or other encumbrance; and
(2)
Abandoned personal property on which a creditor or other party holds a mortgage, lien, security interest, or other encumbrance.
Added by Act 2015, No. 1139,§ 1, eff. 7/22/2015.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 3 - PERSONAL PROPERTY (§§ 18-27-101 — 18-29-204) › Chapter 27 - RIGHTS IN PERSONAL PROPERTY (§§ 18-27-101 — 18-27-306) › Subchapter 2 - PAWNBROKERS (§§ 18-27-201 — 18-27-204) › Section 18-27-201 - [Repealed]

Repealed by Act 2013, No. 1464,§ 1, eff. 8/16/2013.
Acts 1961, No. 86, § 1; A.S.A. 1947, § 67-1130.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 3 - PERSONAL PROPERTY (§§ 18-27-101 — 18-29-204) › Chapter 27 - RIGHTS IN PERSONAL PROPERTY (§§ 18-27-101 — 18-27-306) › Subchapter 2 - PAWNBROKERS (§§ 18-27-201 — 18-27-204) › Section 18-27-202 - [Repealed]

Repealed by Act 2013, No. 1464,§ 1, eff. 8/16/2013.
Acts 1961, No. 86, § 2; A.S.A. 1947, § 67-1131.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 3 - PERSONAL PROPERTY (§§ 18-27-101 — 18-29-204) › Chapter 27 - RIGHTS IN PERSONAL PROPERTY (§§ 18-27-101 — 18-27-306) › Subchapter 2 - PAWNBROKERS (§§ 18-27-201 — 18-27-204) › Section 18-27-203 - [Repealed]

Repealed by Act 2013, No. 1464,§ 1, eff. 8/16/2013.
Acts 1961, No. 86, § 3; A.S.A. 1947, § 67-1132.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 3 - PERSONAL PROPERTY (§§ 18-27-101 — 18-29-204) › Chapter 27 - RIGHTS IN PERSONAL PROPERTY (§§ 18-27-101 — 18-27-306) › Subchapter 2 - PAWNBROKERS (§§ 18-27-201 — 18-27-204) › Section 18-27-204 - Limitations on the purchase and disposition of personal property - Definition

(a)
As used in this section, "pawnbroker" means any person, firm, or corporation, or an agent of any person, firm, or corporation, who is engaged in the business of lending money upon the security of articles of personal property or purchasing personal property.
(b)
No pawnbroker shall purchase or receive personal property as security from any person under eighteen (18) years of age who has not been emancipated under §
9-26-104
.
(c)
A pawnbroker shall not dispose of personal property purchased or received as security until at least fifteen (15) calendar days after the personal property is purchased or pawned or at least seven (7) calendar days after the purchase or pawn is reported to the local police, whichever comes first, unless the personal property is:
(1)
Redeemed by the person who sold or pawned it; or
(2)
Returned to the rightful owner of the personal property.
(d)
The provisions of this section shall not be applicable to personal property purchased by the pawnbroker from a retailer or a wholesaler.
(e)
(1)
The failure on the part of a pawnbroker to comply with a provision of this section shall be a violation.
(2)
Upon conviction, the offender shall be punished by a fine of not more than one thousand dollars ($1,000).
Amended by Act 2015, No. 1242,§ 2, eff. 7/22/2015.
Acts 1993, No. 1131, § 1; 2005, No. 1994, § 94.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 3 - PERSONAL PROPERTY (§§ 18-27-101 — 18-29-204) › Chapter 27 - RIGHTS IN PERSONAL PROPERTY (§§ 18-27-101 — 18-27-306) › Subchapter 3 - DEALER IN SECONDHAND GOODS REFORM AND DISCLOSURE ACT (§§ 18-27-301 — 18-27-306) › Section 18-27-301 - Title

This subchapter shall be known and may be cited as the "Dealer in Secondhand Goods Reform and Disclosure Act".
Added by Act 2015, No. 1242,§ 3, eff. 7/22/2015.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 3 - PERSONAL PROPERTY (§§ 18-27-101 — 18-29-204) › Chapter 27 - RIGHTS IN PERSONAL PROPERTY (§§ 18-27-101 — 18-27-306) › Subchapter 3 - DEALER IN SECONDHAND GOODS REFORM AND DISCLOSURE ACT (§§ 18-27-301 — 18-27-306) › Section 18-27-302 - Definitions

As used in this subchapter:
(1)
"Dealer" means an individual or entity that is engaged in the business of:
(A)
Lending money upon the security of an article of personal property that is retained by the individual or entity until:
(i)
The loan is repaid; or
(ii)
The time to repay the loan has expired; or
(B)
Purchasing other than at wholesale or retail an article of personal property for resale in any form;
(2)
"Defacing identifiable stolen personal property" means performing or acquiescing in an act designed to remove, destroy, mutilate, disguise, or otherwise purposefully and willfully prevent detection of identifiable stolen personal property;
(3)
"Identifiable stolen personal property" means personal property that is:
(A)
Reported stolen to an appropriate law enforcement agency;
(B)
Described in the official stolen property report of the law enforcement agency by serial number, vehicle identification number, license registration number, or other numbers, letters, symbols, or markings that authenticate the specific personal property in the possession of the dealer; and
(C)
Connected by documentation, such as a receipt, presented to the dealer by the owner demonstrating the likelihood of current ownership; and
(4)
"Insider" means a family member or friend of the owner of stolen property.
Added by Act 2015, No. 1242,§ 3, eff. 7/22/2015.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 3 - PERSONAL PROPERTY (§§ 18-27-101 — 18-29-204) › Chapter 27 - RIGHTS IN PERSONAL PROPERTY (§§ 18-27-101 — 18-27-306) › Subchapter 3 - DEALER IN SECONDHAND GOODS REFORM AND DISCLOSURE ACT (§§ 18-27-301 — 18-27-306) › Section 18-27-303 - Recovery of personal property and identifiable stolen personal property - Liability

(a)
An owner of stolen personal property may request that a dealer return the stolen property without charge to the owner by signing and following the terms of the affidavit in favor of the dealer as described in §
18-27-304(b)
.
(b)
Unless reasonable cause exists, within seven (7) days after the later of the receipt of an affidavit described in §
18-27-304(b)
and the written release, either conditional or outright, of any property hold issued by any law enforcement agency with respect to the identifiable stolen property, a dealer shall:
(1)
Deliver the identifiable stolen property to the owner; or
(2)
File a legal action in a court of competent jurisdiction to determine ownership.
(c)
If the dealer refuses to make an election under subsection (b) of this section, the owner may file a replevin action to recover the property and the court may award and apportion costs and attorney's fees as appropriate under the facts of the case.
Added by Act 2015, No. 1242,§ 3, eff. 7/22/2015.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 3 - PERSONAL PROPERTY (§§ 18-27-101 — 18-29-204) › Chapter 27 - RIGHTS IN PERSONAL PROPERTY (§§ 18-27-101 — 18-27-306) › Subchapter 3 - DEALER IN SECONDHAND GOODS REFORM AND DISCLOSURE ACT (§§ 18-27-301 — 18-27-306) › Section 18-27-305 - Limitations on the purchase, maintenance, and disposition of personal property - Defacing identifiable stolen personal property

A dealer shall not:
(1)
Purchase or receive personal property as security from a person under eighteen (18) years of age who has not been emancipated under §
9-26-104
; or
(2)
Deface identifiable stolen personal property.
Added by Act 2015, No. 1242,§ 3, eff. 7/22/2015.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 3 - PERSONAL PROPERTY (§§ 18-27-101 — 18-29-204) › Chapter 27 - RIGHTS IN PERSONAL PROPERTY (§§ 18-27-101 — 18-27-306) › Subchapter 3 - DEALER IN SECONDHAND GOODS REFORM AND DISCLOSURE ACT (§§ 18-27-301 — 18-27-306) › Section 18-27-306 - Penalties

A violation of this subchapter by a dealer is a Class C misdemeanor.
Added by Act 2015, No. 1242,§ 3, eff. 7/22/2015.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 3 - PERSONAL PROPERTY (§§ 18-27-101 — 18-29-204) › Chapter 28 - UNCLAIMED PROPERTY (§§ 18-28-101 — 18-28-404) › Subchapter 1 - GENERAL PROVISIONS (§§ 18-28-101 — 18-28-102) › Section 18-28-101 - Abandonment of property with service or repair shops - Disposition

(a)
Any item of clothing left at a dry cleaners which is not claimed within six (6) months shall be deemed abandoned property, and the owner may dispose of the clothing and may retain the proceeds from any sale of the clothing.
(b)
(1)
Any audio or video equipment left at a business engaged in the servicing or repair of the equipment shall be deemed abandoned property if the owner of the equipment does not claim the property within six (6) months after the equipment was serviced or repaired or, if no repair or servicing was authorized, then six (6) months after the date the equipment was left at the business.
(2)
The owner of the business may dispose of the abandoned property and retain the proceeds from any sale of the equipment.
(c)
An owner of a business who disposes of property pursuant to this section shall waive all rights to recover fees for performing work on the object.
Acts 1989, No. 799, § 1; 1991, No. 98, § 1.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 3 - PERSONAL PROPERTY (§§ 18-27-101 — 18-29-204) › Chapter 28 - UNCLAIMED PROPERTY (§§ 18-28-101 — 18-28-404) › Subchapter 1 - GENERAL PROVISIONS (§§ 18-28-101 — 18-28-102) › Section 18-28-102 - Abandonment of jewelry with jeweler or merchant for service, repair, or on consignment - Disposition

(a)
An item of jewelry left with a jeweler or merchant for service or repair or on consignment that is not claimed within one (1) year or by a later time if the later time is specified in writing shall be deemed abandoned property and may be disposed of under this section without recourse by or liability to the party delivering the jewelry, the owner of the jewelry, or any other party.
(b)
The jeweler or merchant may dispose of the jewelry if at the time of receiving the jewelry:
(1)
The jeweler or merchant gives the party delivering the jewelry notice in writing that:
(A)
The jeweler or merchant may dispose of the jewelry without any liability or accountability to the party delivering the jewelry, the owner of the jewelry, or any other party unless the jewelry is reclaimed within one (1) year or by a later time if the later time is specified by the parties in writing; and
(B)
The party delivering the jewelry, the owner of the jewelry, or any other interested party must supply to the jeweler or merchant a current mailing address in order to receive notice of a sale or other disposition of the property after one (1) year or by a later time if the later time is specified by the parties in writing; and
(2)
The jeweler or merchant receives a current mailing address from the party delivering the jewelry and, if different, the owner of the jewelry.
(c)
(1)
Notice that the jewelry is deemed abandoned under this section shall be sent by certified mail to each current mailing address that has been supplied to the jeweler or merchant at least fifteen (15) days prior to the sale or other disposition of the jewelry, or a different time period if agreed to by the parties in writing.
(2)
The failure of the party delivering the jewelry, the owner of the jewelry, or any other interested party to supply a current mailing address in order to receive notice of the sale or other disposition of the jewelry is a waiver of any right, claim, or interest in the jewelry.
(d)
(1)
A jeweler or merchant that disposes of jewelry under this section shall apply the proceeds from the sale or other disposition of the jewelry to:
(A)
A reasonable handling charge of the jeweler or merchant, not to exceed fifty dollars ($50.00); and
(B)
The indebtedness owed to the jeweler or merchant for repairs or services performed in connection with the jewelry.
(2)
Any proceeds that exceed the amount necessary to make the jeweler or merchant whole under subdivision (d)(1) of this section shall be treated as unclaimed property and reported and paid to the Auditor of State under the Unclaimed Property Act, §
18-28-201
et seq.
Acts 2009, No. 652, § 1.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 3 - PERSONAL PROPERTY (§§ 18-27-101 — 18-29-204) › Chapter 28 - UNCLAIMED PROPERTY (§§ 18-28-101 — 18-28-404) › Subchapter 2 - UNCLAIMED PROPERTY ACT (§§ 18-28-201 — 18-28-231) › Section 18-28-203 - Contents of safe deposit box or other safekeeping depository

Tangible property held in a safe deposit box or other safekeeping depository in this state in the ordinary course of the holder's business and proceeds resulting from the sale of the property permitted by other law, are presumed abandoned if the property remains unclaimed by the owner for more than five (5) years after expiration of the lease or rental period on the box or other depository.
Acts 1999, No. 850, § 3.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 3 - PERSONAL PROPERTY (§§ 18-27-101 — 18-29-204) › Chapter 28 - UNCLAIMED PROPERTY (§§ 18-28-101 — 18-28-404) › Subchapter 2 - UNCLAIMED PROPERTY ACT (§§ 18-28-201 — 18-28-231) › Section 18-28-204 - Rules for taking custody

Except as otherwise provided in this subchapter or by other statute of this state, property that is presumed abandoned, whether located in this or another state, is subject to the custody of this state if:
(1)
the last known address of the apparent owner, as shown on the records of the holder, is in this state;
(2)
the records of the holder do not reflect the identity of the person entitled to the property and it is established that the last known address of the person entitled to the property is in this state;
(3)
the records of the holder do not reflect the last known address of the apparent owner and it is established that:
(i)
the last known address of the person entitled to the property is in this state; or
(ii)
the holder is domiciled in this state or is a government or governmental subdivision, agency, or instrumentality of this state and has not previously paid or delivered the property to the state of the last known address of the apparent owner or other person entitled to the property;
(4)
the last known address of the apparent owner, as shown on the records of the holder, is in a state that does not provide for the escheat or custodial taking of the property and the holder is domiciled in this state or is a government or governmental subdivision, agency, or instrumentality of this state;
(5)
the last known address of the apparent owner, as shown on the records of the holder, is in a foreign country and the holder is domiciled in this state or is a government or governmental subdivision, agency, or instrumentality of this state;
(6)
the transaction out of which the property arose occurred in this state, the holder is domiciled in a state that does not provide for the escheat or custodial taking of the property, and the last known address of the apparent owner or other person entitled to the property is unknown or is in a state that does not provide for the escheat or custodial taking of the property; or
(7)
the property is a traveler's check or money order purchased in this state, or the issuer of the traveler's check or money order has its principal place of business in this state and the issuer's records show that the instrument was purchased in a state that does not provide for the escheat or custodial taking of the property, or do not show the state in which the instrument was purchased.
Acts 1999, No. 850, § 4.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 3 - PERSONAL PROPERTY (§§ 18-27-101 — 18-29-204) › Chapter 28 - UNCLAIMED PROPERTY (§§ 18-28-101 — 18-28-404) › Subchapter 2 - UNCLAIMED PROPERTY ACT (§§ 18-28-201 — 18-28-231) › Section 18-28-205 - Dormancy charge

A holder may deduct from property presumed abandoned a charge imposed by reason of the owner's failure to claim the property within a specified time only if there is a valid and enforceable written contract between the holder and the owner under which the holder may impose the charge and the holder regularly imposes the charge, which is not regularly reversed or otherwise canceled. The amount of the deduction is limited to an amount that is not unconscionable.
Acts 1999, No. 850, § 5.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 3 - PERSONAL PROPERTY (§§ 18-27-101 — 18-29-204) › Chapter 28 - UNCLAIMED PROPERTY (§§ 18-28-101 — 18-28-404) › Subchapter 2 - UNCLAIMED PROPERTY ACT (§§ 18-28-201 — 18-28-231) › Section 18-28-206 - Burden of proof as to property evidenced by record of check or draft

A record of the issuance of a check, draft, or similar instrument is prima facie evidence of an obligation. In claiming property from a holder who is also the issuer, the administrator's burden of proof as to the existence and amount of the property and its abandonment is satisfied by showing issuance of the instrument and passage of the requisite period of abandonment. Defenses of payment, satisfaction, discharge, and want of consideration are affirmative defenses that must be established by the holder.
Acts 1999, No. 850, § 6.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 3 - PERSONAL PROPERTY (§§ 18-27-101 — 18-29-204) › Chapter 28 - UNCLAIMED PROPERTY (§§ 18-28-101 — 18-28-404) › Subchapter 2 - UNCLAIMED PROPERTY ACT (§§ 18-28-201 — 18-28-231) › Section 18-28-208 - Payment or delivery of abandoned property

(a)
Except for property held in a safe deposit box or other safekeeping depository, upon filing the report required by §
18-28-207
, the holder of property presumed abandoned shall pay, deliver, or cause to be paid or delivered to the administrator the property described in the report as unclaimed, but if the property is an automatically renewable deposit, and a penalty or forfeiture in the payment of interest would result, the time for compliance is extended until a penalty or forfeiture would no longer result. Tangible property held in a safe deposit box or other safekeeping depository may not be delivered to the administrator until one hundred twenty (120) days after filing the report required by §
18-28-207
.
(b)
If the property reported to the administrator is a security or security entitlement under §
4-8-101
et seq. (UCC - Investment Securities), the administrator is an appropriate person to make an indorsement, instruction, or entitlement order on behalf of the apparent owner to invoke the duty of the issuer or its transfer agent or the securities intermediary to transfer or dispose of the security or the security entitlement in accordance with §
4-8-101
et seq. (UCC - Investment Securities).
(c)
If the holder of property reported to the administrator is the issuer of a certificated security, the administrator has the right to obtain a replacement certificate pursuant to §
4-8-405
, but an indemnity bond is not required.
(d)
An issuer, the holder, and any transfer agent or other person acting pursuant to the instructions of and on behalf of the issuer or holder in accordance with this section is not liable to the apparent owner and must be indemnified against claims of any person in accordance with §
18-28-210
.
Acts 1999, No. 850, § 8.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 3 - PERSONAL PROPERTY (§§ 18-27-101 — 18-29-204) › Chapter 28 - UNCLAIMED PROPERTY (§§ 18-28-101 — 18-28-404) › Subchapter 2 - UNCLAIMED PROPERTY ACT (§§ 18-28-201 — 18-28-231) › Section 18-28-209 - Notice and publication of lists of abandoned property

(a)
The administrator shall publish a notice by November 30 of the next year following the year in which abandoned property has been paid or delivered to the administrator.
(b)
(1)
The notice must be published in a newspaper of general circulation in each county of this state.
(2)
The notice shall:
(A)
Be in a form that, in the judgment of the administrator, is likely to attract the attention of the potential owners of the unclaimed property;
(B)
Contain:
(i)
A statement explaining that the property the administrator is holding is presumed to be abandoned and has been taken into the protective custody of the administrator; and
(ii)
A statement explaining that additional information concerning the property may be obtained by consulting one (1) or more of the following:
(a)
The internet address of the administrator's official website;
(b)
The telephone number for the administrator's office; and
(c)
Posting of a notice at the county courthouse; and
(C)
Contain a statement that information about the property and its return to the owner is available to a person having a legal or beneficial interest in the property, upon request to the administrator.
Amended by Act 2021, No. 77,§ 1, eff. 7/28/2021.
Amended by Act 2015, No. 592,§ 1, eff. 7/22/2015.
Acts 1999, No. 850, § 9.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 3 - PERSONAL PROPERTY (§§ 18-27-101 — 18-29-204) › Chapter 28 - UNCLAIMED PROPERTY (§§ 18-28-101 — 18-28-404) › Subchapter 2 - UNCLAIMED PROPERTY ACT (§§ 18-28-201 — 18-28-231) › Section 18-28-211 - Crediting of dividends, interest, and increments to owner's account

If property other than money is delivered to the administrator under this subchapter, the owner is entitled to receive from the administrator any income or gain realized or accruing on the property at or before liquidation or conversion of the property into money. If the property was an interest-bearing demand, savings, or time deposit, including a deposit that is automatically renewable, the administrator shall not pay interest.
Acts 1999, No. 850, § 11; 2005, No. 175, § 1.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 3 - PERSONAL PROPERTY (§§ 18-27-101 — 18-29-204) › Chapter 28 - UNCLAIMED PROPERTY (§§ 18-28-101 — 18-28-404) › Subchapter 2 - UNCLAIMED PROPERTY ACT (§§ 18-28-201 — 18-28-231) › Section 18-28-212 - Public sale of abandoned property

(a)
(1)
Except as otherwise provided in this section, the administrator, within three (3) years after the receipt of abandoned property, shall sell it to the highest bidder at public sale at a location in the state which in the judgment of the administrator affords the most favorable market for the property. The administrator may decline the highest bid and reoffer the property for sale if the administrator considers the bid to be insufficient. The administrator need not offer the property for sale if the administrator considers that the probable cost of sale will exceed the proceeds of the sale.
(2)
A sale held under this section must be preceded by a single publication of notice, at least three (3) weeks before sale, in a newspaper of general circulation in the county in which the property is to be sold. However, the administrator is not required to publish notice under this section if the abandoned property will be sold through an Internet auction.
(b)
(1)
(A)
Securities listed on an established stock exchange shall be sold at prices prevailing on the exchange at the time of sale.
(B)
Other securities may be sold over the counter at prices prevailing at the time of sale or by a reasonable method selected by the administrator.
(2)
The administrator may sell securities upon receipt of the securities from the holder.
(3)
(A)
A person making a claim under this subchapter is entitled to receive the:
(i)
Securities delivered by the holder to the administrator if the securities still remain in the custody of the administrator; or
(ii)
Proceeds received from the sale of the securities, less any fees and expenses incurred from the sale.
(B)
A person may not maintain an action or bring a proceeding for any appreciation or depreciation in the value of the securities that may occur after delivery by the holder to the administrator against:
(i)
The state;
(ii)
The administrator;
(iii)
The holder;
(iv)
A securities transfer agent;
(v)
An auctioneer; or
(vi)
An agent acting for or on behalf of the holder or administrator.
(c)
A purchaser of property at a sale conducted by the administrator pursuant to this subchapter takes the property free of all claims of the owner or previous holder and of all persons claiming through or under them. The administrator shall execute all documents necessary to complete the transfer of ownership.
Amended by Act 2019, No. 492,§ 1, eff. 3/15/2019.
Acts 1999, No. 850, § 12; 2005, No. 175, § 2.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 3 - PERSONAL PROPERTY (§§ 18-27-101 — 18-29-204) › Chapter 28 - UNCLAIMED PROPERTY (§§ 18-28-101 — 18-28-404) › Subchapter 2 - UNCLAIMED PROPERTY ACT (§§ 18-28-201 — 18-28-231) › Section 18-28-214 - Claim of another state to recover property

(a)
After property has been paid or delivered to the administrator under this subchapter, another state may recover the property if:
(1)
the property was paid or delivered to the custody of this state because the records of the holder did not reflect a last known location of the apparent owner within the borders of the other state and the other state establishes that the apparent owner or other person entitled to the property was last known to be located within the borders of that state and under the laws of that state the property has escheated or become subject to a claim of abandonment by that state;
(2)
the property was paid or delivered to the custody of this state because the laws of the other state did not provide for the escheat or custodial taking of the property, and under the laws of that state subsequently enacted the property has escheated or become subject to a claim of abandonment by that state;
(3)
the records of the holder were erroneous in that they did not accurately identify the owner of the property and the last known location of the owner within the borders of another state and under the laws of that state the property has escheated or become subject to a claim of abandonment by that state;
(4)
the property was subjected to custody by this state under §
18-28-204(6)
and under the laws of the state of domicile of the holder the property has escheated or become subject to a claim of abandonment by that state; or
(5)
the property is a sum payable on a traveler's check, money order, or similar instrument that was purchased in the other state and delivered into the custody of this state under §
18-28-204(7)
, and under the laws of the other state the property has escheated or become subject to a claim of abandonment by that state.
(b)
A claim of another state to recover escheated or abandoned property must be presented in a form prescribed by the administrator, who shall decide the claim within ninety (90) days after it is presented. The administrator shall allow the claim upon determining that the other state is entitled to the abandoned property under subsection (a).
(c)
The administrator shall require another state, before recovering property under this section, to agree to indemnify this state and its officers and employees against any liability on a claim to the property.
Acts 1999, No. 850, § 14.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 3 - PERSONAL PROPERTY (§§ 18-27-101 — 18-29-204) › Chapter 28 - UNCLAIMED PROPERTY (§§ 18-28-101 — 18-28-404) › Subchapter 2 - UNCLAIMED PROPERTY ACT (§§ 18-28-201 — 18-28-231) › Section 18-28-215 - Filing claim with administrator - Handling of claims by administrator

(a)
A person, excluding another state, claiming property paid or delivered to the administrator may file a claim on a form prescribed by the administrator and verified by the claimant.
(b)
Within ninety (90) days after a claim is filed, the administrator shall allow or deny the claim and give written notice of the decision to the claimant. If the claim is denied, the administrator shall inform the claimant of the reasons for the denial and specify what additional evidence is required before the claim will be allowed. The claimant may then file a new claim with the administrator or maintain an action under §
18-28-216
.
(c)
(1)
Except as provided in subdivision (c)(2) of this section, within thirty (30) days after a claim is allowed, the property or the net proceeds of a sale of the property must be delivered or paid by the administrator to the claimant, together with any dividend, interest, or other increment to which the claimant is entitled under §§
18-28-211
and
18-28-212
.
(2)
If in order to transfer property to the claimant under this section, fees or costs are required to be paid prior to transfer, the administrator may sell all or a portion of the property and deduct the costs of transfer from the proceeds of the sale, and any proceeds remaining shall be paid to the claimant.
(d)
A holder who pays the owner for property that has been delivered to the state and which, if claimed from the administrator by the owner would be subject to an increment under §§
18-28-211
and
18-28-212
, may recover from the administrator the amount of the increment.
Acts 1999, No. 850, § 15; 2005, No. 175, § 3.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 3 - PERSONAL PROPERTY (§§ 18-27-101 — 18-29-204) › Chapter 28 - UNCLAIMED PROPERTY (§§ 18-28-101 — 18-28-404) › Subchapter 2 - UNCLAIMED PROPERTY ACT (§§ 18-28-201 — 18-28-231) › Section 18-28-216 - Action to establish claim

A person aggrieved by a decision of the administrator or whose claim has not been acted upon within ninety (90) days after its filing may maintain an original action to establish the claim in the Pulaski County Circuit Court, naming the administrator as a defendant. If the aggrieved person establishes the claim in an action against the administrator, the court may award the claimant reasonable attorney's fees.
Acts 1999, No. 850, § 16.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 3 - PERSONAL PROPERTY (§§ 18-27-101 — 18-29-204) › Chapter 28 - UNCLAIMED PROPERTY (§§ 18-28-101 — 18-28-404) › Subchapter 2 - UNCLAIMED PROPERTY ACT (§§ 18-28-201 — 18-28-231) › Section 18-28-217 - Election to take payment or delivery

(a)
The administrator may decline to receive property reported under this subchapter which the administrator considers to have a value less than the expenses of notice and sale.
(b)
A holder, with the written consent of the administrator and upon conditions and terms prescribed by the administrator, may report and deliver property before the property is presumed abandoned. Property so delivered must be held by the administrator and is not presumed abandoned until it otherwise would be presumed abandoned under this subchapter.
Acts 1999, No. 850, § 17.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 3 - PERSONAL PROPERTY (§§ 18-27-101 — 18-29-204) › Chapter 28 - UNCLAIMED PROPERTY (§§ 18-28-101 — 18-28-404) › Subchapter 2 - UNCLAIMED PROPERTY ACT (§§ 18-28-201 — 18-28-231) › Section 18-28-218 - Destruction or disposition of property having no substantial commercial value - Immunity from liability

If the administrator determines after investigation that property delivered under this subchapter has no substantial commercial value, the administrator may destroy or otherwise dispose of the property at any time. An action or proceeding may not be maintained against the state or any officer or against the holder for or on account of an act of the administrator under this section, except for intentional misconduct or malfeasance.
Acts 1999, No. 850, § 18.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 3 - PERSONAL PROPERTY (§§ 18-27-101 — 18-29-204) › Chapter 28 - UNCLAIMED PROPERTY (§§ 18-28-101 — 18-28-404) › Subchapter 2 - UNCLAIMED PROPERTY ACT (§§ 18-28-201 — 18-28-231) › Section 18-28-219 - Periods of limitation

(a)
The expiration, before or after July 30, 1999, of a period of limitation on the owner's right to receive or recover property, whether specified by contract, statute, or court order, does not preclude the property from being presumed abandoned or affect a duty to file a report or to pay or deliver or transfer property to the administrator as required by this subchapter.
(b)
An action or proceeding may not be maintained by the administrator to enforce this subchapter in regard to the reporting, delivery, or payment of property more than ten (10) years after the holder specifically identified the property in a report filed with the administrator or gave express notice to the administrator of a dispute regarding the property. In the absence of such a report or other express notice, the period of limitation is tolled. The period of limitation is also tolled by the filing of a report that is fraudulent.
Acts 1999, No. 850, § 19.