reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 110 - ATTACHMENT AND GARNISHMENT (§§ 16-110-101 — 16-110-417) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-110-101 — 16-110-139) › Section 16-110-119 - Return of writ

(a)
The county sheriff shall return, upon every order of attachment, what he or she has done under it.
(b)
(1)
The return must show the property attached, the time it was attached, and the disposition made of it.
(2)
Where garnishees are summoned, their names and the time each was summoned must be stated.
(3)
Where real property is attached, the county sheriff shall describe it with sufficient certainty to identify it, and where he or she can do so, a reference to the deed or title under which the defendant holds it.
(c)
The county sheriff shall return with the order all bonds taken under it.
Civil Code, § 237; C. & M. Dig., § 517; Pope's Dig., § 554; A.S.A. 1947, § 31-127.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 110 - ATTACHMENT AND GARNISHMENT (§§ 16-110-101 — 16-110-417) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-110-101 — 16-110-139) › Section 16-110-120 - Removal of pending proceedings

(a)
In all actions in which attachments may be pending in the circuit court, held in any county, and in the inferior courts of the county, and which have been levied upon the same property, in whole or in part, it shall be the duty of the judge of the circuit court, or of the inferior court, upon the motion of either party in the action or actions, to make an order for the removal of the actions pending in the inferior court to the circuit court, where they shall be tried as if originally brought in the circuit court.
(b)
In all actions which may be brought in the circuit court of this state, in which attachments may be pending, and which may be levied upon the same property, in whole or in part, the judges of the court where the actions are pending shall have power to make an order for the removal of the actions, or some of them, by change of venue, so as to have them all upon the same docket and under the control of the same court. The order of removal shall only be made upon petition filed, and in such cases as the judge shall be satisfied that the removal is necessary for the proper distribution of the attached property, and the adjustment of the rights of the parties to the actions. In making the order of removal, due regard shall be given to the convenience of the parties.
(c)
The order of removal may be made in open court or by the judge of the courts in vacation. However, in either case, notice of the application shall be given to the opposite party, and affidavits may be read for and against such application.
(d)
(1)
Where the order of removal is made, it shall be the duty of the clerk of the circuit court and of the judges of the inferior courts immediately to remove the papers in the action, as directed by the order, and to file an authentic copy of the orders which have been made in the case or cases.
(2)
If the order of removal is to another county, the clerk shall have the same fees now allowed for like services in other cases of change of venue, to be paid in advance by the applicant for the removal, to be taxed as costs, and finally paid out of the attached funds, or by such of the parties as the court shall order.
Civil Code, §§ 288-291; C. & M. Dig., §§ 575-578; Pope's Dig., §§ 612-615; A.S.A. 1947, §§ 31-129 -- 31-132.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 110 - ATTACHMENT AND GARNISHMENT (§§ 16-110-101 — 16-110-417) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-110-101 — 16-110-139) › Section 16-110-121 - Collection, preservation, and sale of property

(a)
(1)
The court shall make proper orders for the preservation and use of the property during the pending of the action and for paying into court or securing the debts and funds attached.
(2)
(A)
The court may direct a sale of the property where, by reason of its perishable nature or of the cost of keeping it, a sale would be for the benefit of the parties.
(B)
In vacation, the sale may be ordered by the judge of the court.
(C)
The sale shall be public, after advertisement, and made in such manner and upon such terms of credit, with security, as the court or judge, having regard to the probable duration of the action, may direct.
(D)
The proceeds, if collected by the county sheriff, together with all the money received by him or her from garnishees, shall be held and paid over by him or her under the same requirement and responsibilities of the county sheriff and his or her sureties, as are provided in respect to money deposited in lieu of bail.
(E)
But no sale shall be made in vacation without reasonable notice in writing to the opposite party or his or her attorney, if either of them reside in the county in which the cause is pending, of the time and place of the application therefor.
(b)
(1)
A judge of the circuit court in vacation of the circuit court shall have power to appoint a receiver to take charge of, collect, and account for all choses in action attached in any action, and said receiver shall have full power to collect the choses in action. He or she shall give bond and in all respects be subject to the same responsibilities as if appointed by the court in term time.
(2)
The defendant or any claimant of any attached property may be required by the court or by the receiver to give information on oath respecting the property.
Civil Code, §§ 238, 239; Acts 1871, No. 48, § 1 [238, 239], p. 219; C. & M. Dig., §§ 518-522; Pope's Dig., §§ 555-559; A.S.A. 1947, §§ 31-133, 31-134.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 110 - ATTACHMENT AND GARNISHMENT (§§ 16-110-101 — 16-110-417) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-110-101 — 16-110-139) › Section 16-110-122 - Bond for restitution of property

(a)
If the defendant at any time before the judgment causes a bond to be executed to the plaintiff by one (1) or more sufficient sureties, to be approved by the county sheriff, to the effect that the defendant shall perform the judgment of the court, the attachment shall be discharged and restitution made of any property taken under it, or the proceeds thereof. However, the giving of this bond by the defendant shall not preclude his or her right to controvert the existence of the grounds stated by the plaintiff in his or her affidavit for the order of attachment.
(b)
The bond may, in vacation, be executed in the presence of the county sheriff having the order of attachment in his or her hands or, after the return of the order, before the clerk, with the same effect upon the attachment as if executed in court. The sureties, in either case, shall be approved by the officer.
Civil Code, §§ 242-243; Acts 1891, No. 33, § 1, p. 55; C. & M. Dig., §§ 525, 526; Pope's Dig., §§ 562, 563; A.S.A. 1947, §§ 31-136, 31-137.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 110 - ATTACHMENT AND GARNISHMENT (§§ 16-110-101 — 16-110-417) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-110-101 — 16-110-139) › Section 16-110-123 - Appearance by execution of bond

In an action where an attachment has been granted, the execution by or for the defendant of a bond whereby the attachment is discharged, or the possession of the attached property is obtained or retained by him or her, shall be an appearance of the defendant in the action.
Civil Code, § 793; C. & M. Dig., § 527; Pope's Dig., § 564; A.S.A. 1947, § 31-138.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 110 - ATTACHMENT AND GARNISHMENT (§§ 16-110-101 — 16-110-417) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-110-101 — 16-110-139) › Section 16-110-124 - Defendant's answer by affidavit

(a)
The defendant may file his or her affidavit denying all or any of the material statements of the affidavit upon which the attachment is issued. Thereupon, the attachment shall be considered as controverted and the affidavits of the plaintiff and defendant shall be regarded as the pleadings in the attachment and have no other effect.
(b)
Where the attachment was obtained at the commencement of an action, the defendant may file his or her affidavit at such time after the levy of the attachment as is given by the Code of Practice in Civil Cases for filing his defense, after the service of the summons. The period may be extended by the court for sufficient cause.
Civil Code, § 280; C. & M. Dig., § 570; Pope's Dig., § 607; A.S.A. 1947, § 31-139.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 110 - ATTACHMENT AND GARNISHMENT (§§ 16-110-101 — 16-110-417) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-110-101 — 16-110-139) › Section 16-110-125 - Proof by deposition or testimony

Either party may take proof by deposition, to be read on the trial of the attachment, or, by permission of the court, the witnesses may be orally examined in court.
Civil Code, § 281; C. & M. Dig., § 571; Pope's Dig., § 608; A.S.A. 1947, § 31-140.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 110 - ATTACHMENT AND GARNISHMENT (§§ 16-110-101 — 16-110-417) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-110-101 — 16-110-139) › Section 16-110-126 - Testimony required for insufficient property

(a)
When it appears by the affidavit of the plaintiff or by the return of an officer to an order of attachment that no property is known to the plaintiff or the officer on which the order of attachment can be executed, or not enough to satisfy the plaintiff's claim, the defendant may be required by the court to attend before it and give information on oath respecting his or her property.
(b)
Where it also appears by the affidavit of the plaintiff that some person other than the defendant has in his or her possession property of the defendant, or evidences of debt, the person may also be required by the court to attend before it and give information on oath respecting the property or evidences of debt.
Civil Code, § 241; C. & M. Dig., § 524; Pope's Dig., § 561; A.S.A. 1947, § 31-141.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 110 - ATTACHMENT AND GARNISHMENT (§§ 16-110-101 — 16-110-417) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-110-101 — 16-110-139) › Section 16-110-127 - Appearance by garnishee

(a)
Each garnishee summoned shall appear. The appearance may be in person or by affidavit of the garnishee filed in court disclosing truly the amount owing by him or her to the defendant, whether due or not, and the property of the defendant in the possession or under the control of the garnishee and, in the case of a corporation, any shares of stock therein held, by or for the benefit of the defendant, at or after the service of the order of attachment.
(b)
(1)
Where a garnishee, or officer of a corporation summoned as a garnishee, appears in person, he or she may be examined on oath.
(2)
If it is discovered on the examination that, at or after the service of the order of attachment upon him or her, he or she or the corporation was possessed of any property of the defendant or was indebted to the defendant, the court may order the delivery of the property and the payment or security for the payment of the amount owing by the garnishee, into the court, or to such person as it may direct. That person shall give bond, with security for the property or amount owing, or the court may permit the garnishee to retain the property or the amount owing, upon the execution of a bond with one (1) or more sufficient sureties, to the effect that the amount shall be paid or the property shall be forthcoming, as the court may direct.
(3)
Performance of these bonds may be summarily enforced by orders and proceedings as in cases of contempt.
(c)
The court may, on motion of the plaintiff, compel the appearance in person, and examination, of any garnishee, or officer of a corporation summoned as a garnishee, by process, as in cases of contempt. Where a garnishee makes a default by not appearing, the court may hear proof of any debt or property owing or held by him or her to, or for, the defendant and make such order in relation thereto, as if what is so proved had appeared on the examination of the garnishee.
Civil Code, §§ 245-247; C. & M. Dig., §§ 529-531; Pope's Dig., §§ 566-568; A.S.A. 1947, §§ 31-143 -- 31-145.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 110 - ATTACHMENT AND GARNISHMENT (§§ 16-110-101 — 16-110-417) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-110-101 — 16-110-139) › Section 16-110-128 - Time for disposition of attachment

(a)
An attachment obtained at the commencement of an action shall be sustained or discharged at the time that judgment is rendered in the action unless for sufficient cause the court extends the time of deciding upon it.
(b)
An attachment obtained after the commencement of an action shall not be sustained until the defendant has had the time for controverting it as provided in §§
16-110-101
,
16-110-102
,
16-110-104
-
16-110-113
,
16-110-115
-
16-110-122
,
16-110-124
-
16-110-136
,
16-110-138
,
16-110-139
, and
16-110-201
-
16-110-211
.
Civil Code, § 276; C. & M. Dig., § 566; Pope's Dig., § 603; A.S.A. 1947, § 31-148.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 110 - ATTACHMENT AND GARNISHMENT (§§ 16-110-101 — 16-110-417) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-110-101 — 16-110-139) › Section 16-110-129 - Discharge of garnishee

(a)
The garnishee may pay the money owing to the defendant by him or her to the county sheriff having in his or her hands the order of attachment or into the court.
(b)
He or she shall be discharged from liability to the defendant for any money so paid, not exceeding the plaintiff's claim.
(c)
(1)
He or she shall not be subjected to costs beyond those caused by his or her resistance of the claim against him or her.
(2)
If he or she discloses the property of the defendant in his or her hands or the true amount owing by him or her and delivers or pays the amount owing according to the order of the court, he or she shall be allowed his or her costs.
Civil Code, § 244; C. & M. Dig., § 528; Pope's Dig., § 565; A.S.A. 1947, § 31-146.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 110 - ATTACHMENT AND GARNISHMENT (§§ 16-110-101 — 16-110-417) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-110-101 — 16-110-139) › Section 16-110-130 - Motion to discharge

(a)
At any time before the attachment is sustained, the defendant, upon reasonable notice to the plaintiff or the plaintiff's attorney, may move the court to discharge the attachment, the hearing of which may be postponed by the court, upon sufficient cause, from time to time.
(b)
Upon the hearing, if the court is of the opinion that the attachment was obtained without sufficient cause or that the grounds of attachment being controverted are not sustained, the attachment shall be discharged.
Civil Code, § 282; C. & M. Dig., § 572; Pope's Dig., § 609; A.S.A. 1947, § 31-149.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 110 - ATTACHMENT AND GARNISHMENT (§§ 16-110-101 — 16-110-417) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-110-101 — 16-110-139) › Section 16-110-131 - Judgment for defendant

(a)
If judgment is rendered in the action for the defendant, the attachment shall be discharged, and the property attached or its proceeds shall be returned to him or her.
(b)
In all actions of attachment in which the defendant shall recover for the discharge of the attachment, the court or jury trying the attachment shall assess the damages sustained by the defendant by reason of the attachment, and the court shall render judgment against the plaintiff and his or her sureties in the attachment bond for the amount of the damages and cost of the attachment.
Civil Code, § 249; Acts 1875 (Adj. Sess.), No. 6, § 1, p. 7; C. & M. Dig., §§ 533, 534; Pope's Dig., §§ 570, 571; A.S.A. 1947, §§ 31-151, 31-152.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 110 - ATTACHMENT AND GARNISHMENT (§§ 16-110-101 — 16-110-417) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-110-101 — 16-110-139) › Section 16-110-132 - Judgment in favor of plaintiff

(a)
If judgment is rendered in favor of the plaintiff and no affidavit or answer verified by oath by the defendant is filed denying the statements of the affidavit upon which the attachment was issued or motion is made to discharge it, the court shall sustain the attachment.
(b)
Upon an attachment being sustained, the property attached, its proceeds, or the securities taken upon the attachment, shall, by appropriate orders, be applied in satisfaction of the judgment.
(c)
(1)
If judgment is rendered for the plaintiff, the court shall apply in satisfaction thereof:
(A)
The moneys arising from the sales of perishable property; and
(B)
The proceeds of the debts and funds attached in the hands of the garnishees.
(2)
If these are not sufficient to satisfy the plaintiff's claim, the court shall order a sale, by the county sheriff, of any other attached property which may be under its control, in the following order:
(A)
Personal property; and
(B)
Real property, or so much of it as may be necessary to satisfy the plaintiff's claim.
Civil Code, §§ 250, 278, 279; C. & M. Dig., §§ 535, 568, 569; Pope's Dig., §§ 572, 605, 606; A.S.A. 1947, §§ 31-153 -- 31-155.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 110 - ATTACHMENT AND GARNISHMENT (§§ 16-110-101 — 16-110-417) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-110-101 — 16-110-139) › Section 16-110-133 - Judgment against garnishee

(a)
Upon the service of a summons upon any garnishee or after his or her failure to make a disclosure satisfactory to the plaintiff, the latter may proceed in an action against him or her by filing a complaint verified as in other cases and causing a summons to be issued upon it.
(b)
Thereupon, the proceeding may be had as in other actions and judgment may be rendered in favor of the plaintiff to subject the property of the defendant into the hands of the garnishee, or for what shall appear to be owing to the defendant by the garnishee.
(c)
The judgment may be enforced by execution or other proper means.
Civil Code, § 248; C. & M. Dig., § 532; Pope's Dig., § 569; A.S.A. 1947, § 31-147.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 110 - ATTACHMENT AND GARNISHMENT (§§ 16-110-101 — 16-110-417) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-110-101 — 16-110-139) › Section 16-110-134 - Intervention before sale

(a)
Before the sale of any attached property, or before the payment to the plaintiff of the proceeds thereof or of any attached debt, any person may present his or her complaint verified by oath to the court. This complaint shall dispute the validity of the attachment, or state a claim to the property or an interest in, or lien on it under any other attachment, or otherwise, and set forth the facts upon which the claim is founded, and his or her claim shall be investigated.
(b)
A nonresident claimant shall, in such cases, give security for costs.
(c)
The court may hear the proof, may order a reference to a commissioner, or may impanel a jury to inquire into the facts.
(d)
If it is found that the claimant has a title to, a lien on, or any interest in the property, the court shall make such order as may be necessary to protect his or her rights.
(e)
The costs of this proceeding shall be paid by either party, at the discretion of the court.
(f)
Where several attachments are executed on the same property, the court, on the motion of any one (1) of the attaching plaintiffs, may order a reference to a commissioner, to ascertain and report the amounts and priorities of the several attachments.
Civil Code, § 257; C. & M. Dig., §§ 544-547; Pope's Dig., §§ 581-584; A.S.A. 1947, § 31-157.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 110 - ATTACHMENT AND GARNISHMENT (§§ 16-110-101 — 16-110-417) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-110-101 — 16-110-139) › Section 16-110-135 - Repossession of property by county sheriff

(a)
The court may order the county sheriff to repossess himself or herself, for the purpose of selling it, any of the attached property which may have passed out of his or her hands, without having been sold or converted into money.
(b)
The county sheriff shall, under the order, have the same power to take the property as upon an order of the attachment.
Civil Code, § 256; C. & M. Dig., § 541; Pope's Dig., § 578; A.S.A. 1947, § 31-156.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 110 - ATTACHMENT AND GARNISHMENT (§§ 16-110-101 — 16-110-417) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-110-101 — 16-110-139) › Section 16-110-136 - Sale of property

(a)
The court may compel the delivery to the county sheriff, for sale, of any of the attached property for which a bond may have been given and may proceed summarily on the bond to enforce the delivery of the property, or the payment of such sums as may be due upon the bond, by rules and attachments as in cases of contempt.
(b)
(1)
The sales shall be public, upon such notice, and at such time and place, as the court may direct.
(2)
When credits are given, bonds, with security, shall be required and the credit shall not be longer than three (3) months for personal property, and not less than three (3) nor more than twelve (12) months for real property, or on installments equivalent to not more than twelve (12) months' credit on the whole. Upon real property, a lien shall be retained.
(3)
The sales shall be subject to the confirmation of the court.
(c)
Any surplus of the attached property or its proceeds shall be returned to the defendant.
(d)
No order for the sale of real property attached in virtue of the provisions of §§
16-110-101
,
16-110-102
,
16-110-105
-
16-110-113
,
16-110-115
-
16-110-117
,
16-110-119
,
16-110-121
,
16-110-122
,
16-110-126
,
16-110-127
,
16-110-129
,
16-110-131
-
16-110-136
, and
16-110-139
shall be made in any action in which the defendant has not appeared or been actually summoned until there has been filed an affidavit of the plaintiff, or of his or her agent or attorney, to the effect that the defendant has no personal property or not enough to satisfy the claim of the plaintiff, in this state, known to the affiant.
Civil Code, §§ 251-254; C. & M. Dig., §§ 536-539; Pope's Dig., §§ 573-576; A.S.A. 1947, §§ 31-158 -- 31-161.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 110 - ATTACHMENT AND GARNISHMENT (§§ 16-110-101 — 16-110-417) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-110-101 — 16-110-139) › Section 16-110-137 - Judgment on bond

(a)
If the plaintiff shall recover against the defendant, and the attachment shall have been discharged upon the execution of a bond, as provided by §
16-110-122(a)
, then the court shall render judgment against the defendant and his or her sureties in the bond for the amount recovered and the costs of the suit.
(b)
If the defendant shall have given bond for the retention of the property attached, as provided by §
16-110-117(a)
, and the attachment shall be sustained, the court or jury, in addition to finding the amount of debt or damages due to the plaintiff, shall, upon demand of the plaintiff, also assess the value of the property attached. The court shall, in addition to judgment against the defendant for the amount found due to the plaintiff, and costs, render further judgment, that in case the property shall not be delivered up to the proper officer to be sold, and the officer shall not be able to make the judgment out of the property of the defendant, execution shall then issue against the property of the sureties for so much of the judgment as shall not exceed the value of the property, which execution shall be enforced as in other cases.
Acts 1875 (Adj. Sess.), No. 6, § 1, p. 7; C. & M. Dig., §§ 542, 543; Pope's Dig., §§ 579, 580; A.S.A. 1947, §§ 31-162, 31-163.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 110 - ATTACHMENT AND GARNISHMENT (§§ 16-110-101 — 16-110-417) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-110-101 — 16-110-139) › Section 16-110-139 - Powers of court

The court may, from time to time, make and enforce proper orders respecting the property, sales, and the confirmation thereof, and the application and payment of the moneys collected.
Civil Code, § 255; C. & M. Dig., § 540; Pope's Dig., § 577; A.S.A. 1947, § 31-164.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 110 - ATTACHMENT AND GARNISHMENT (§§ 16-110-101 — 16-110-417) › Subchapter 2 - ATTACHMENT AGAINST SPECIFIC PROPERTY (§§ 16-110-201 — 16-110-211) › Section 16-110-201 - Other procedures applicable

The provisions of §§
16-110-101
,
16-110-102
,
16-110-105
-
16-110-113
,
16-110-115
-
16-110-117
,
16-110-119
,
16-110-121
,
16-110-122
,
16-110-126
,
16-110-127
,
16-110-129
,
16-110-131
-
16-110-136
, and
16-110-139
not inconsistent with this subchapter may be applied, so far as shall be proper, to regulate the proceedings in cases of attachment against specific property.
Civil Code, § 275; C. & M. Dig., § 565; Pope's Dig., § 602; A.S.A. 1947, § 31-312.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 110 - ATTACHMENT AND GARNISHMENT (§§ 16-110-101 — 16-110-417) › Subchapter 2 - ATTACHMENT AGAINST SPECIFIC PROPERTY (§§ 16-110-201 — 16-110-211) › Section 16-110-202 - Enforcement of mortgage, lien, etc., of personal property

In an action to enforce a mortgage of, or lien upon, personal property; for the recovery, partition, or sale of the property; or by a plaintiff having a future estate or interest therein, for the security of his or her rights, where it satisfactorily appears by the complaint, verified on oath or by affidavits or the proofs in the cause, that the plaintiff has a just claim and that the property is about to be sold, concealed, or removed from the state, or where the plaintiff states on oath that he or she has reasonable cause to believe and does believe that, unless prevented by the court, the property will be sold, concealed, or removed from the state, an attachment may be granted against the property.
Civil Code, § 264; C. & M. Dig., § 554; Pope's Dig., § 591; A.S.A. 1947, § 31-301.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 110 - ATTACHMENT AND GARNISHMENT (§§ 16-110-101 — 16-110-417) › Subchapter 2 - ATTACHMENT AGAINST SPECIFIC PROPERTY (§§ 16-110-201 — 16-110-211) › Section 16-110-203 - Action by vendor to vacate fraudulent purchase

In an action by a vendor of property fraudulently purchased to vacate the contract and have a restoration of the property or compensation therefor, where the complaint shows the fraudulent purchase of property and the amount of the plaintiff's claim, and is verified by his or her oath, an attachment against the property may be granted.
Civil Code, § 265; C. & M. Dig., § 555; Pope's Dig., § 592; A.S.A. 1947, § 31-302.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 110 - ATTACHMENT AND GARNISHMENT (§§ 16-110-101 — 16-110-417) › Subchapter 2 - ATTACHMENT AGAINST SPECIFIC PROPERTY (§§ 16-110-201 — 16-110-211) › Section 16-110-204 - Grant of attachments generally

The attachments in the cases mentioned in §§
16-110-202
and
16-110-203
may be granted by the court in which the action is brought, by the judge or clerk thereof, or by any judge of the circuit court upon such terms and conditions as to security on the part of the plaintiff for the damages which may be occasioned by them, and with such direction as to the disposition to be made of the attached property, as may be just and proper under the circumstances of each case.
Civil Code, § 266; Acts 1871, No. 48, § 1 [266], p. 219; 1877, No. 49, § 1, p. 48; C. & M. Dig., § 556; Pope's Dig., § 593; A.S.A. 1947, § 31-303.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 110 - ATTACHMENT AND GARNISHMENT (§§ 16-110-101 — 16-110-417) › Subchapter 2 - ATTACHMENT AGAINST SPECIFIC PROPERTY (§§ 16-110-201 — 16-110-211) › Section 16-110-205 - Security and bond

(a)
In every case the plaintiff shall be required to give security for the damage to the defendant in an adequate sum to be specified in the order granting the attachment.
(b)
When it may be proper, the court, or judge or clerk thereof, may direct that the defendant or person in possession of the attached property be permitted to retain it upon giving bond, with security, for such sum as the court, or judge or clerk thereof, may prescribe.
(c)
No order of attachment shall be issued by the clerk until the bond on the part of the plaintiff required by the order of the court, or judge or clerk thereof, is executed and filed in his or her office by one (1) or more sufficient securities of the plaintiff.
Civil Code, §§ 267, 268; Acts 1877, No. 49, §§ 2, 3, p. 48; C. & M. Dig., §§ 557, 558; Pope's Dig., §§ 594, 595; A.S.A. 1947, §§ 31-304, 31-305.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 110 - ATTACHMENT AND GARNISHMENT (§§ 16-110-101 — 16-110-417) › Subchapter 2 - ATTACHMENT AGAINST SPECIFIC PROPERTY (§§ 16-110-201 — 16-110-211) › Section 16-110-206 - Order of attachment

(a)
The order of attachment shall describe the specific property against which it is issued and shall have endorsed upon it the direction of the court, or judge or clerk thereof, as to the disposition to be made of the attached property.
(b)
It shall be directed, executed, and returned as other orders of attachment.
Civil Code, § 269; Acts 1877, No. 49, § 4, p. 48; C. & M. Dig., § 559; Pope's Dig., § 596; A.S.A. 1947, § 31-306.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 110 - ATTACHMENT AND GARNISHMENT (§§ 16-110-101 — 16-110-417) › Subchapter 2 - ATTACHMENT AGAINST SPECIFIC PROPERTY (§§ 16-110-201 — 16-110-211) › Section 16-110-207 - Disposition of attached property

The county sheriff shall make such disposition of the attached property as may be directed by the court, or judge or clerk thereof. When there is no direction upon the subject, he or she shall safely keep the property subject to the order of the court.
Civil Code, § 270; Acts 1877, No. 49, § 5, p. 48; C. & M. Dig., § 560; Pope's Dig., § 597; A.S.A. 1947, § 31-307.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 110 - ATTACHMENT AND GARNISHMENT (§§ 16-110-101 — 16-110-417) › Subchapter 2 - ATTACHMENT AGAINST SPECIFIC PROPERTY (§§ 16-110-201 — 16-110-211) › Section 16-110-208 - Conditions of bond to obtain discharge

The court may, in any of the cases mentioned in §
16-110-202
or §
16-110-203
, direct the terms and conditions of the bond to be executed by the defendant, with security, in order to obtain a discharge of the attachment.
Civil Code, § 271; C. & M. Dig., § 561; Pope's Dig., § 598; A.S.A. 1947, § 31-308.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 110 - ATTACHMENT AND GARNISHMENT (§§ 16-110-101 — 16-110-417) › Subchapter 2 - ATTACHMENT AGAINST SPECIFIC PROPERTY (§§ 16-110-201 — 16-110-211) › Section 16-110-209 - Removal of property from county

Where, after an order of attachment against specific property has been placed in the hands of the county sheriff, the property is removed from the county, the county sheriff may pursue and attach it in another county within twenty-four (24) hours after the removal.
Civil Code, § 272; C. & M. Dig., § 562; Pope's Dig., § 599; A.S.A. 1947, § 31-309.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 110 - ATTACHMENT AND GARNISHMENT (§§ 16-110-101 — 16-110-417) › Subchapter 2 - ATTACHMENT AGAINST SPECIFIC PROPERTY (§§ 16-110-201 — 16-110-211) › Section 16-110-210 - Concealment of property

Where it appears, by return of the county sheriff or by the affidavit of the plaintiff, that any specific property against which an order of attachment is issued has been concealed or removed by the defendant, the court may require him or her to attend and be examined on oath respecting the matter and may enforce its orders in this respect as in cases of contempt.
Civil Code, § 273; C. & M. Dig., § 563; Pope's Dig., § 600; A.S.A. 1947, § 31-310.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 110 - ATTACHMENT AND GARNISHMENT (§§ 16-110-101 — 16-110-417) › Subchapter 2 - ATTACHMENT AGAINST SPECIFIC PROPERTY (§§ 16-110-201 — 16-110-211) › Section 16-110-211 - Enforcement of bonds

Performance of bonds to obtain discharge of specific attachments or for the forthcoming of property specifically attached may, in all cases, be summarily enforced by rules and proceedings as in cases of contempt.
Civil Code, § 274; C. & M. Dig., § 564; Pope's Dig., § 601; A.S.A. 1947, § 31-311.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 110 - ATTACHMENT AND GARNISHMENT (§§ 16-110-101 — 16-110-417) › Subchapter 3 - ATTACHMENT OF BOATS AND VESSELS (§§ 16-110-301 — 16-110-309) › Section 16-110-301 - Liability for debts for building, repairing, fitting, etc

(a)
Boats and vessels of all descriptions built, repaired, or equipped in this state, or running upon any of the navigable waters of this state, shall be liable for all debts contracted by the owners, masters, or supercargoes, or assignees thereof, on account of all work done, or supplies or materials furnished, by mechanics, tradesmen, and others for, on account of, or towards building, repairing, fitting, furnishing, or equipping the boats or vessels, their engines, machinery, sails, rigging, tackle, apparel, and furniture.
(b)
The debts shall have the preference of all other debts due from the owners or proprietors, except wages of mariners, boatmen, and others employed in the service of boats and vessels, which shall be first paid.
Rev. Stat., ch. 14, § 1; C. & M. Dig., § 585; Pope's Dig., § 622; A.S.A. 1947, § 31-401.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 110 - ATTACHMENT AND GARNISHMENT (§§ 16-110-101 — 16-110-417) › Subchapter 3 - ATTACHMENT OF BOATS AND VESSELS (§§ 16-110-301 — 16-110-309) › Section 16-110-302 - Liability for contracts and torts

(a)
All boats and vessels of all descriptions built, repaired, or equipped in this state, or running upon any of the navigable waters of this state, shall be liable for all contracts of every kind made by the owners, masters, or supercargoes of the boats or vessels for or on account of the boats or vessels.
(b)
When the boats or vessels mentioned in subsection (a) of this section commit any tort whatever, the boats or vessels shall be liable for the tort.
(c)
For all contracts and torts mentioned in this section, the boats or vessels may be sued by name or description and attached in the manner now prescribed by law in other cases of attachment of boats and vessels.
Acts 1860, No. 17, §§ 1-3, p. 27; C. & M. Dig., §§ 586-588; Pope's Dig., §§ 623-625; A.S.A. 1947, §§ 31-402 -- 31-404.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 110 - ATTACHMENT AND GARNISHMENT (§§ 16-110-101 — 16-110-417) › Subchapter 3 - ATTACHMENT OF BOATS AND VESSELS (§§ 16-110-301 — 16-110-309) › Section 16-110-303 - Affidavit for attachment

Any person having a demand, contracted as mentioned in §
16-110-301
, against any boat or vessel, upon affidavit being made and filed with the clerk of the circuit court, setting forth the nature and the amount of the demand, and upon bond being given by the plaintiff as in other cases of attachment may have an attachment, to be issued by the clerk of the circuit court, in any county in the state in which the boat or vessel may be found.
Rev. Stat., ch. 14, § 2; C. & M. Dig., § 589; Pope's Dig., § 626; A.S.A. 1947, § 31-405; Acts 2003, No. 1185, § 228.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 110 - ATTACHMENT AND GARNISHMENT (§§ 16-110-101 — 16-110-417) › Subchapter 3 - ATTACHMENT OF BOATS AND VESSELS (§§ 16-110-301 — 16-110-309) › Section 16-110-304 - Election of remedy

(a)
The plaintiff may make his or her election either to proceed against the owner or owners by their proper names or by the name and style of their partnership, if known, or against the boat or vessel by its name or description only.
(b)
The writ shall authorize and direct the seizure and detention of the boat or vessel and the boat or vessel's engine, machinery, sails, rigging, tackle, apparel, and furniture by the county sheriff or constable.
Rev. Stat., ch. 14, § 4; C. & M. Dig., § 590; Pope's Dig., § 627; A.S.A. 1947, § 31-406.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 110 - ATTACHMENT AND GARNISHMENT (§§ 16-110-101 — 16-110-417) › Subchapter 3 - ATTACHMENT OF BOATS AND VESSELS (§§ 16-110-301 — 16-110-309) › Section 16-110-305 - Bond of plaintiff

In all cases where the proceedings are instituted against the boat or vessel by its name or description only, the bond to be given by the plaintiff shall be made payable to the State of Arkansas, for the use and benefit of the owners of the boat or vessel. The owners may institute a suit thereon, if damages are occasioned by the issuing of the attachment wrongfully, and have recovery thereon in the same manner as if the bond had been given to the person in his or her proper name, or in the name and style of the partnership.
Rev. Stat., ch. 14, § 5; C. & M. Dig., § 591; Pope's Dig., § 628; A.S.A. 1947, § 31-407.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 110 - ATTACHMENT AND GARNISHMENT (§§ 16-110-101 — 16-110-417) › Subchapter 3 - ATTACHMENT OF BOATS AND VESSELS (§§ 16-110-301 — 16-110-309) › Section 16-110-306 - Filing complaint on return of attachment

Upon the return of the attachment, the plaintiff shall file a written declaration or statement against the boat or vessel by its name or description or against the owner or owners, as the case may be. The declaration or statement shall briefly recite the nature of the demand, whether for work and labor done or for materials, firewood, or provisions furnished, and whether at the request of the owner, master, supercargo, or consignee of the boat or vessel, and that the demand remains unpaid. The plaintiff shall annex to the declaration or statement a bill of the particulars constituting the demand, in separate and distinct items.
Rev. Stat., ch. 14, § 6; C. & M. Dig., § 592; Pope's Dig., § 629; A.S.A. 1947, § 31-408.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 110 - ATTACHMENT AND GARNISHMENT (§§ 16-110-101 — 16-110-417) › Subchapter 3 - ATTACHMENT OF BOATS AND VESSELS (§§ 16-110-301 — 16-110-309) › Section 16-110-307 - Procedure

The attachment shall proceed in like manner in all other respects, and like judgment and execution shall be had, as in other cases of attachment.
Rev. Stat., ch. 14, § 7; C. & M. Dig., § 593; Pope's Dig., § 630; A.S.A. 1947, § 31-409.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 110 - ATTACHMENT AND GARNISHMENT (§§ 16-110-101 — 16-110-417) › Subchapter 3 - ATTACHMENT OF BOATS AND VESSELS (§§ 16-110-301 — 16-110-309) › Section 16-110-308 - Collection of wages

All engineers, pilots, mariners, boatmen, and others employed in any capacity in or about the boat or vessel who may be entitled to arrearages of wages in consequence of their services may proceed to collect the wages under the provisions of §§
16-110-301
and
16-110-303
-
16-110-309
and shall be entitled to all the benefits thereof.
Rev. Stat., ch. 14, § 8; C. & M. Dig., § 594; Pope's Dig., § 631; A.S.A. 1947, § 31-410.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 110 - ATTACHMENT AND GARNISHMENT (§§ 16-110-101 — 16-110-417) › Subchapter 3 - ATTACHMENT OF BOATS AND VESSELS (§§ 16-110-301 — 16-110-309) › Section 16-110-309 - Discharging bond

If the owner, master, supercargo, or consignee of any such boat or vessel seized by attachment shall, at any time before judgment, give bond to the plaintiff with security to be approved by the clerk of the circuit court or by the judge, as the case may be, in double the amount of the demand sued for, conditioned to pay and satisfy such judgment as the court may render against the boat or vessel, or against the owner, as the case may be, together with cost of suit, then the boat or vessel shall forthwith be discharged from the attachment, seizure, and detention. The boat shall nevertheless be liable to be taken and sold on any execution to be issued on any such judgment or upon the judgment that may be rendered at any time on the bond required to be given by the defendant party.
Rev. Stat., ch. 14, § 9; C. & M. Dig., § 595; Pope's Dig., § 632; A.S.A. 1947, § 31-411; Acts 2003, No. 1185, § 229.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 110 - ATTACHMENT AND GARNISHMENT (§§ 16-110-101 — 16-110-417) › Subchapter 4 - GARNISHMENT PROCEEDINGS (§§ 16-110-401 — 16-110-417) › Section 16-110-401 - Grounds

(a)
(1)
In all cases where any plaintiff may begin an action in any court of record, or before any justice of the peace, or may have obtained a judgment before any of the courts, and the plaintiff shall have reason to believe that any other person is indebted to the defendant or has in his or her hands or possession goods and chattels, moneys, credits, and effects belonging to the defendant, the plaintiff may sue out a writ of garnishment, setting forth the claim, demand, or judgment and commanding the officer charged with the execution thereof to summon the person therein named as garnishee, to appear at the return day of the writ and answer what goods, chattels, moneys, credits, and effects he or she may have in his or her hands or possession belonging to the defendant to satisfy the judgment, and answer such further interrogatories as may be exhibited against him or her.
(2)
Further, the writ of garnishment served on the garnishee shall contain one (1) of the following notices:
(A)
"NOTICE TO NON-EMPLOYER GARNISHEE
FAILURE TO ANSWER THIS WRIT WITHIN 30 DAYS OR FAILURE OR REFUSAL TO ANSWER THE INTERROGATORIES ATTACHED HERETO SHALL RESULT IN THE COURT ENTERING A JUDGMENT AGAINST YOU AND YOU BECOMING PERSONALLY LIABLE FOR THE FULL AMOUNT SPECIFIED IN THIS WRIT TOGETHER WITH COSTS OF THIS ACTION AS PROVIDED BY ARKANSAS CODE ANNOTATED §
16-110-407
."; or
(B)
"NOTICE TO EMPLOYER GARNISHEE
FAILURE TO ANSWER THIS WRIT WITHIN 30 DAYS OR FAILURE OR REFUSAL TO ANSWER THE INTERROGATORIES ATTACHED HERETO SHALL RESULT IN THE COURT ENTERING A JUDGMENT AGAINST YOU AND YOU BECOMING PERSONALLY LIABLE FOR THE AMOUNT OF THE NON-EXEMPT WAGES OWED THE DEBTOR-EMPLOYEE ON THE DATE YOU WERE SERVED THIS WRIT AS PROVIDED BY ARKANSAS CODE ANNOTATED §
16-110-407
."
(3)
This notice shall be in addition to the notice required to employer garnishees under §
16-110-416
.
(b)
However, if the garnishment is issued before the judgment, the plaintiff shall give bond in double the amount for which the garnishment is issued that he or she will pay the defendant all damages that he or she may sustain by the wrongful bringing of his or her suit or the issuing of the garnishment.
Amended by Act 2013, No. 229,§ 1, eff. 8/16/2013.
Acts 1889, No. 115, § 1, p. 168; 1895, No. 134, § 1, p. 196; C. & M. Dig., § 4906; Pope's Dig., § 6119; A.S.A. 1947, § 31-501; Acts 1991, No. 1027, § 3.