reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 66 - EXECUTION OF JUDGMENTS (§§ 16-66-101 — 16-66-611) › Subchapter 3 - STAYING, QUASHING, OR VACATING WRIT (§§ 16-66-301 — 16-66-305) › Section 16-66-304 - Sale of personal property suspended upon giving bond

(a)
The sale of personal property upon which an execution is levied shall be suspended at the instance of any person, other than the defendant in the execution, claiming the property, who shall execute with one (1) or more sureties a bond to the plaintiff in the execution, sufficient for double the property's value to the effect that if it is adjudged that the property or any part of it is subject to the execution, he or she will pay to the plaintiff the value of the property so subject and ten percent (10%) thereon, not exceeding the amount due on the execution and ten percent (10%) thereon.
(b)
For the purpose of taking the bond mentioned in subsection (a) of this section, the officer shall select three (3) disinterested householders and administer to them an oath to make a fair appraisal of each article of the property, whose appraisal in writing shall be recited in the bond.
(c)
The bond, with the appraisal annexed thereto, shall be returned to the circuit court of the county in which the levy was made.
(d)
(1)
The party to whom the bond is executed may move the court to which it is returned for a judgment thereon against all or any of the obligors, or their representatives, having given to them ten (10) days' notice of the motion.
(2)
The court shall direct a jury to be impaneled and may cause such issues to be tried as it may prescribe. It may direct which party shall be considered plaintiff in the issue.
(3)
If the property, or any part of it, is found subject to the execution, judgment shall be rendered in favor of the plaintiff therein for the value of the property so subject and ten percent (10%) thereon, not exceeding the amount due on the execution and ten percent (10%) thereon.
(4)
An execution may be issued upon the judgment forthwith, on which the same endorsement shall be made as on the execution, in virtue of which the property had been seized.
(e)
Upon the trial of the motion, either party may object that the property was not fairly appraised. Thereupon, the jury trying the facts shall hear evidence respecting and find the value of the property.
(f)
The giving of the bond, mentioned in subsection (a) of this section, shall not discharge the levy of the execution upon the property claimed. But the officer may leave it subject to the lien of the levy with the person in whose possession it was found pending the proceeding on the bond, and may, in the meantime, proceed with the execution against any other property of the defendant.
Civil Code, §§ 727-732; C. & M. Dig., §§ 4311-4316; Pope's Dig., §§ 5323-5328; A.S.A. 1947, §§ 30-305 -- 30-310.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 66 - EXECUTION OF JUDGMENTS (§§ 16-66-101 — 16-66-611) › Subchapter 3 - STAYING, QUASHING, OR VACATING WRIT (§§ 16-66-301 — 16-66-305) › Section 16-66-305 - Waiver of right of stay

An agreement to waive the right of stay, or any other legal agreement in relation to any judgment or decree, entered on the record among the orders of court, shall be specifically enforced. In such case, the proper endorsement shall be entered upon the execution by the clerk or justice.
Civil Code, § 678; C. & M. Dig., § 4296; Pope's Dig., § 5308; A.S.A. 1947, § 30-303.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 66 - EXECUTION OF JUDGMENTS (§§ 16-66-101 — 16-66-611) › Subchapter 4 - LEVY AND SALE (§§ 16-66-401 — 16-66-422) › Section 16-66-401 - Selection of property to be sold - Levy

The person against whom any execution may be issued may select what property, real or personal, shall be sold to satisfy the execution. If he or she gives to the officer a list of the property selected, sufficient to satisfy the execution, the officer shall levy upon that property and no other, if it is in his or her opinion sufficient to satisfy the execution and, if not, then upon such additional property as may be sufficient to satisfy the execution.
Rev. Stat., ch. 60, § 28; C. & M. Dig., § 4277; Pope's Dig., § 5289; A.S.A. 1947, § 30-401.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 66 - EXECUTION OF JUDGMENTS (§§ 16-66-101 — 16-66-611) › Subchapter 4 - LEVY AND SALE (§§ 16-66-401 — 16-66-422) › Section 16-66-402 - Levy on real estate - Certificate of levy filed with recorder - Levy as notice to purchaser or mortgagee

(a)
It shall be the duty of the sheriff, United States Marshal, or other officer levying upon any real estate under and by virtue of any writ of attachment, execution, or other process to file with the recorder of deeds of the county in which the real estate is situated a certificate of the levy or seizure, together with a correct and full description of the real estate levied upon or seized by him or her. It shall be the duty of the recorder of deeds to index and record the certificate of the levy or seizure in the same manner as provided for notice of lis pendens.
(b)
In all cases in which lands are seized or levied upon, which are lying and situated in a county other than that in which the judgment is a lien under the provisions of the laws of this state, the levy or seizure of real estate shall not be notice to a purchaser or mortgagee of any real estate until the filing of the notice as provided by subsection (a) of this section. However, if the notice is filed within twenty-four (24) hours of the levy or seizure, it shall be notice from the time the levy or seizure was made, but if not filed within twenty-four (24) hours after the levy or seizure, it shall only be notice from the time the notice was filed.
Acts 1903, No. 65, §§ 4, 5; C. & M. Dig., §§ 6982, 6983; Pope's Dig., §§ 8962, 8963; A.S.A. 1947, §§ 30-404, 30-405.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 66 - EXECUTION OF JUDGMENTS (§§ 16-66-101 — 16-66-611) › Subchapter 4 - LEVY AND SALE (§§ 16-66-401 — 16-66-422) › Section 16-66-404 - Levy on shares or stock in corporations - Statement of shares and encumbrances

(a)
Whenever an officer, having an execution or writ of attachment in his or her hands, levies on shares or stock in corporations, he or she shall make the levy or seizure by leaving a true copy of the writ with the president, secretary, cashier, or other officer, with the certificate of the officer making the levy, that he or she levies upon and takes such rights or shares to satisfy the execution.
(b)
When an execution shall be issued against any shares or stock in any bank, insurance company, or other corporation, it shall be the duty of the cashier, secretary, or chief clerk thereof, upon the request of the officer having the execution, to furnish him or her with a certificate under his or her hand, stating the number of rights or shares the defendant holds in the bank, company, or corporation, with the encumbrances thereon.
Rev. Stat., ch. 60, § 26; Acts 1891, No. 21, §§ 1, 2; C. & M. Dig., §§ 4278, 4279; Pope's Dig., §§ 5290, 5291; A.S.A. 1947, §§ 30-402, 30-403.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 66 - EXECUTION OF JUDGMENTS (§§ 16-66-101 — 16-66-611) › Subchapter 4 - LEVY AND SALE (§§ 16-66-401 — 16-66-422) › Section 16-66-405 - Indemnifying bonds

(a)
(1)
If an officer who levies, or is required to levy, an execution upon personal property, doubts whether it is subject to execution, he or she may give to the plaintiff therein, or his or her agent or attorney, notice that an indemnifying bond is required.
(2)
Bond may, thereupon, be given by or for the plaintiff, with one (1) or more sufficient sureties to be approved by the officer, to the effect that the obligors therein will indemnify him or her against the damage he may sustain in consequence of the seizure or sale of the property, will pay to any claimant thereof the damages he or she may sustain in consequence of the seizure or sale, and will warrant to any purchaser of the property such estate or interest therein as is sold.
(3)
Thereupon, the officer shall proceed to subject the property to the execution and shall return the indemnifying bond to the circuit court of the county from which the execution issued.
(b)
If the bond mentioned in subsection (a) of this section is not given, the officer or she may refuse to levy the execution or, if it had been levied, and the bond is not given in a reasonable time after it is required by the officer, he or she may restore the property to the person from whose possession it was taken, and the levy shall stand discharged.
(c)
(1)
The claimant or purchaser of any property, for the seizure or sale of which an indemnifying bond has been taken and returned by the officer, shall be barred of any action against the officer levying upon the property if the surety was good when it was taken.
(2)
The claimant or purchaser may maintain an action upon the bond and recover such damages as he or she may be entitled to.
(d)
When property for the sale of which the officer is indemnified sells for more than enough to satisfy the execution under which it was taken, the surplus shall be paid into the court to which the indemnifying bond is directed to be returned. That court may order such disposition or payment of the money to be made temporarily or absolutely as may be proper in respect to the rights of the parties interested.
(e)
No officer shall require any agent of the State of Arkansas, or any political subdivision thereof, to post an indemnifying bond prior to an execution on personal property.
Civil Code, §§ 723-726; C. & M. Dig., §§ 4287-4290; Pope's Dig., §§ 5299-5302; A.S.A. 1947, §§ 30-408 -- 30-411; Acts 1995, No. 1183, § 1.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 66 - EXECUTION OF JUDGMENTS (§§ 16-66-101 — 16-66-611) › Subchapter 4 - LEVY AND SALE (§§ 16-66-401 — 16-66-422) › Section 16-66-406 - Forthcoming bond by owner - Default

(a)
(1)
The owner of personal estate taken in execution may give to the officer levying on the personal estate an obligation, with good surety, to have the property forthcoming at the time and place of sale, specifying in the obligation each article of property and its value.
(2)
The obligation may be in substance as follows:
"We, A. B., principal, and C. D., surety, do bind ourselves that the property mentioned in the following schedule and valuation, to wit: valued at $ ............... (naming each article and its value), shall be forthcoming at ..............., on the ............... day of ............... next, at the hour of twelve o'clock in the day.
"Witness our hands, this ............... day of ..............., 20 ................"
(3)
Upon the giving of the obligation, the officer shall return the possession of the property, so taken in execution, to the defendant, to remain with him or her, at his or her own risk and expense, until the time specified for its delivery.
(b)
(1)
If the defendant fails to pay or stay the amount of the execution and fails to deliver so much of the property specified in the forthcoming obligation or other property in its place, as is sufficient to satisfy the execution and all costs and commissions, the officer shall return the execution and bond to the office from which the execution was issued and endorse on the execution the levy, the giving of the bond, and the particular property which is not forthcoming, and the other facts.
(2)
The surety on the bond shall be liable only for the value of the property specified in the bond, which is not forthcoming, with interest thereon, from the date of the bond, and accruing costs.
(3)
If the property specified in the forthcoming bond is not of value sufficient to satisfy the execution and all costs and commissions, the proper officer may issue another execution and credit the execution with the value of the property specified in the bond.
(c)
An officer taking a forthcoming bond, who shall fail to return the bond to the proper officer for twenty (20) days, after the failure to comply on the part of the defendant shall, with his or her sureties, be liable to the plaintiff for the amount of the execution, costs, and commission, and twenty percent (20%) thereon, to be recovered by action against any one (1) or more of them or their representatives.
Civil Code, §§ 680-682; C. & M. Dig., §§ 4298-4303; Pope's Dig., §§ 5310-5315; A.S.A. 1947, §§ 30-412 -- 30-414.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 66 - EXECUTION OF JUDGMENTS (§§ 16-66-101 — 16-66-611) › Subchapter 4 - LEVY AND SALE (§§ 16-66-401 — 16-66-422) › Section 16-66-407 - Expiration of term, death, etc., of officer after levy

(a)
Where an officer has levied upon any goods and chattels, real estate, or other effects, by virtue of any execution, and the term of service of the officer expires and is terminated before or after the sale thereof, and before the purchaser has obtained a deed therefor, the officer shall nevertheless have power to do and perform all things in relation to the execution, and the sale of the property, and in making and acknowledging a deed to the purchaser, to all intents and purposes, as if his or her term of service had not expired. The officer and his or her securities shall be subject to the same penalties, actions, proceedings, and judgments for neglect, misconduct, or failure therein, as if he or she had still continued in office.
(b)
When any officer dies or is removed from office, or is otherwise disqualified from acting, after having taken in execution any goods and chattels, real estate, shares, or other effects, and before sale thereof, the sheriff or coroner then in office shall proceed thereon, and do and perform all things remaining to be done and performed in relation to the execution, and the sale of the property, and in making and executing deeds and conveyances therefor, in the same manner and with the same effect as the officer so deceased, removed from office, or disqualified could have done.
Rev. Stat., ch. 60, §§ 59, 60; C. & M. Dig., §§ 4357, 4358; Pope's Dig., §§ 5369, 5370; A.S.A. 1947, §§ 30-415, 30-416.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 66 - EXECUTION OF JUDGMENTS (§§ 16-66-101 — 16-66-611) › Subchapter 4 - LEVY AND SALE (§§ 16-66-401 — 16-66-422) › Section 16-66-408 - Notice of sale of real and personal property - Advertisement

(a)
The time and place of sale of real property upon execution, by virtue of a judgment, or order of sale, must be advertised for at least twenty (20) days, next before the day of sale by posting printed advertisements at the courthouse door and five (5) other public places in the county in which the sale is to be made, one (1) of which is to be upon the premises to be sold, and by publishing the advertisement in a weekly newspaper, if there is one, in the county for at least two insertions before the day of sale.
(b)
(1)
The time and place of sale of personal property shall be advertised by posting written or printed notices at three (3) of the most public places in the vicinity of the place of sale.
(2)
No goods and chattels or other personal effects, seized and taken by virtue of any execution, shall be sold until the officer making the sale shall have given at least ten (10) days' notice of the time and place of sale and the property to be sold.
Rev. Stat., ch. 60, § 36; Civil Code, § 690; C. & M. Dig., §§ 4321, 4323; Pope's Dig., §§ 5335, 5353; A.S.A. 1947, §§ 30-417, 30-418.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 66 - EXECUTION OF JUDGMENTS (§§ 16-66-101 — 16-66-611) › Subchapter 4 - LEVY AND SALE (§§ 16-66-401 — 16-66-422) › Section 16-66-409 - Time and method of sale

(a)
All property taken in execution by any officer shall be exposed to sale on the day for which it was advertised, between the hours of 9:00 A.M. and 3:00 P.M., publicly, by auction, for ready money, and the highest bidder shall be the purchaser.
(b)
(1)
The sale of real estate is not required to be made upon a court day, but it may be made at any other time, after being duly advertised.
(2)
The sale is to be made at the courthouse door unless, at the request of the defendant who owns the land, the officer shall appoint the sale upon the premises.
(3)
Where there has been one (1) failure to sell for want of bidders, the officer may appoint the sale at the courthouse door, or on the premises, as he or she shall deem most likely to secure a fair sale.
Rev. Stat., ch. 60, § 48; Civil Code, § 690; C. & M. Dig., §§ 4317, 4324, 4325; Pope's Dig., §§ 4329, 4336, 4337; A.S.A. 1947, §§ 30-419, 30-420.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 66 - EXECUTION OF JUDGMENTS (§§ 16-66-101 — 16-66-611) › Subchapter 4 - LEVY AND SALE (§§ 16-66-401 — 16-66-422) › Section 16-66-410 - Sale of real estate - Division into tracts

(a)
In all sales of real estate, under execution, when the tract or tracts to be sold contain more than forty (40) acres, the real estate shall be divided as the owner or owners may direct into lots containing not more than forty (40) nor less than twenty (20) acres. The officer whose duty it may be to sell the property shall begin at one (1) corner of the real estate, to be designated in the notice published by him advertising the sale, and proceed to sell in the tracts of not more than forty (40) nor less than twenty (20) acres each, of contiguous territory, until the whole of the tract or tracts is disposed of unless the execution is sooner satisfied.
(b)
In all sales of school lands, those sales shall commence at the northeast corner and shall be made in tracts of not more than forty (40) acres each, so long as there shall be as much as forty (40) acres remaining to be sold.
(c)
In all cases where the corner at which the sale is to commence has not been designated in accordance with subsection (a) of this section, the officer whose duty it may be to sell the tract or tracts of land shall commence at the northeast corner as required in subsection (b) of this section.
(d)
The provisions of this section shall not extend to lands sold for taxes.
Acts 1868, No. 37, §§ 1-3, 5, p. 122; C. & M. Dig., §§ 4326, 4327; Pope's Dig., §§ 5338, 5339; A.S.A. 1947, §§ 30-421, 30-422, 30-422n., 30-423.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 66 - EXECUTION OF JUDGMENTS (§§ 16-66-101 — 16-66-611) › Subchapter 4 - LEVY AND SALE (§§ 16-66-401 — 16-66-422) › Section 16-66-411 - Sale of lands subject to prior liens

(a)
A sale of lands under a junior judgment shall pass the title of the defendant, subject to the lien of all prior judgments and decrees then in force.
(b)
The money arising from the sale of lands under a junior judgment shall be applied to the payment of the judgment under which it may have been made.
Rev. Stat., ch. 84, §§ 4, 5; C. & M. Dig., §§ 6301, 6302; Pope's Dig., §§ 8257, 8258; A.S.A. 1947, §§ 30-424, 30-425.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 66 - EXECUTION OF JUDGMENTS (§§ 16-66-101 — 16-66-611) › Subchapter 4 - LEVY AND SALE (§§ 16-66-401 — 16-66-422) › Section 16-66-412 - Sale of corporate stock - Certificates of purchase

(a)
Shares or stock levied upon or seized shall be sold by the officer in the same manner as other personal property is sold under the writ by virtue of which the levy is made. The officer making the sale shall execute and deliver to the purchaser a certificate, which certificate may be in the following form:
"I (name of the officer and his office) hereby certify, that I have this ............... day of ............... sold to (name of purchaser) ............... shares of the Capital Stock of the (name of the corporation) in conformity with the laws of the state, which said shares were by me seized on the ............... day of ..............., under and by virtue of a certain writ of (describe the writ) and issued and delivered to me out of the ............... Court, on the ............... day of ..............., in favor of (name of plaintiff) against (name of defendant) for the sum and price of $..............., which was the highest and best bid therefor.
Witness my hand this ............... day of ................"
(b)
Upon presentation of the certificate to the president, secretary, cashier, or other principal officer of the corporation, who has charge of the stock books of the corporation, it shall be the duty of such officer to issue to the holder of the certificate a certificate of stock for the number of shares thus levied on and sold and transfer it on the stock books of the corporation, in the same manner as if transferred by the owner in person. When so transferred, the stock of the person whose interest has been sold by the officer under the writ of execution or attachment shall be deemed cancelled and wholly void.
Acts 1891, No. 21, §§ 2, 3; C. & M. Dig., §§ 4343, 4344; Pope's Dig., §§ 5355, 5356; A.S.A. 1947, §§ 30-436, 30-437.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 66 - EXECUTION OF JUDGMENTS (§§ 16-66-101 — 16-66-611) › Subchapter 4 - LEVY AND SALE (§§ 16-66-401 — 16-66-422) › Section 16-66-413 - Sale on credit

(a)
(1)
In all cases where the right to stay the execution exists and is not exercised, sales under the execution shall be on a credit of three (3) months, upon the purchaser's giving bond and good security to the plaintiff in the execution for the payment of the sale money, bearing interest from date.
(2)
The bond may be in substance as follows:
"A. B., principal, and C. D., surety, do bind ourselves to pay E. F., within three months from the date hereof, the sum of $ ..............., with interest thereon from this date, being the purchase money (here set out the several articles of property so purchased, with the price of each), which was this day sold by G. H., sheriff (or constable, as the case may be) of ............... County, in satisfaction of an execution which issued from the office of the Clerk of the ............... Circuit Court Clerk, (or K. L., a justice of the peace) on the ............... day of ..............., in favor of the said E. F., against M. O., for the sum of $ ............... debt or damages, with interest and costs.
"Given under our hands, this ............... day of ..............., 20................"
(b)
(1)
When property sold on credit sells for more than will satisfy the execution, costs, and commission, the officer making the sale shall take a bond payable to the defendant, the owner of the property, for the excess, similar in every other respect to that directed in subsection (a) of this section to be taken to the plaintiff, and to have the same force and effect, and on which the same proceedings may be had.
(2)
If the property is sold for cash in hand, any excess over satisfying the execution, charges, and commissions shall be paid over by the officer to the defendant whose property is sold.
Civil Code, §§ 683, 684; C. & M. Dig., §§ 4318, 4319; Pope's Dig., §§ 5330, 5331; A.S.A. 1947, §§ 30-426, 30-427.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 66 - EXECUTION OF JUDGMENTS (§§ 16-66-101 — 16-66-611) › Subchapter 4 - LEVY AND SALE (§§ 16-66-401 — 16-66-422) › Section 16-66-414 - Default of bidder

(a)
If any person refuses to pay the amount bid for any property struck off to him or her, the officer making the sale may again sell the property to the highest bidder. If any loss is occasioned, the officer may recover the loss by motion before any court or justice of the peace, if the amount of the loss does not exceed his or her jurisdiction.
(b)
The court or justice shall proceed in a summary manner and give judgment and award execution therefor forthwith.
(c)
The same proceedings may be had against any subsequent purchaser who refuses to pay. The officer may forever thereafter refuse the bid of the person refusing to pay for property purchased by him or her.
Rev. Stat., ch. 60, §§ 49, 50; C. & M. Dig., §§ 4320, 4321; Pope's Dig., §§ 5332, 5333; A.S.A. 1947, §§ 30-428, 30-429.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 66 - EXECUTION OF JUDGMENTS (§§ 16-66-101 — 16-66-611) › Subchapter 4 - LEVY AND SALE (§§ 16-66-401 — 16-66-422) › Section 16-66-415 - Officers not to bid at sale

No officer to whom any execution may be directed, any of his or her deputies, or any person for them shall purchase any goods and chattels, real estate, or other effects at any sale made by virtue of any such execution. All purchases so made shall be void.
Rev. Stat., ch. 60, § 51; C. & M. Dig., § 4322; Pope's Dig., § 5334; A.S.A. 1947, § 30-430.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 66 - EXECUTION OF JUDGMENTS (§§ 16-66-101 — 16-66-611) › Subchapter 4 - LEVY AND SALE (§§ 16-66-401 — 16-66-422) › Section 16-66-416 - Return of execution

(a)
All executions shall be returnable within ninety (90) days from their date.
(b)
(1)
If an execution is satisfied, the officer may return thereon in substance, "satisfied", unless it is by the sale of the property, then that fact must be stated.
(2)
If satisfied in part, he or she must state what part and why the residue is not made.
(3)
If levied and no sale has been had, for the want of bidders, or no property has been found, he or she must state that fact.
Amended by Act 2013, No. 319,§ 2, eff. 8/16/2013.
Civil Code, § 673; C. & M. Dig., §§ 4353-4356; Pope's Dig., §§ 5365-5368; A.S.A. 1947, §§ 30-431 -- 30-434.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 66 - EXECUTION OF JUDGMENTS (§§ 16-66-101 — 16-66-611) › Subchapter 4 - LEVY AND SALE (§§ 16-66-401 — 16-66-422) › Section 16-66-417 - Executions from court with similar jurisdiction to justice of the peace - Land exempt - Procedure when returned unsatisfied

(a)
Land shall not be levied on or sold under execution from a justice of the peace's court or any court of similar jurisdiction.
(b)
When an execution on a judgment of a court of similar jurisdiction to the justice of the peace courts has been returned by a constable or other officer, either as to the whole or a part thereof, in substance, "no property found to satisfy the same", the plaintiff may obtain from the justice a certified copy of the judgment and execution and return and file the same in the circuit clerk's office of the county in which the judgment was rendered, which copies shall be copied by the clerk in a book kept for that purpose. Thereupon, the clerk shall issue writs of execution on the judgment for the amount due thereon and the costs, including the costs of the copies by the justice and copying by the clerk, which shall be levied and proceeded on as executions on judgments of the circuit court.
Civil Code, §§ 826, 827; A.S.A. 1947, §§ 30-406, 30-407.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 66 - EXECUTION OF JUDGMENTS (§§ 16-66-101 — 16-66-611) › Subchapter 4 - LEVY AND SALE (§§ 16-66-401 — 16-66-422) › Section 16-66-418 - Discovery in aid of execution - Equitable proceedings - Attachment

(a)
(1)
After an execution of fieri facias directed to the county in which the judgment was rendered or to the county of the defendant's residence is returned by the proper officer, either as to the whole or part thereof, in substance, no property found to satisfy the execution, the plaintiff in the execution may institute an action in the court from which the execution issued, or in the court of any county in which the defendant resides or is summoned, for the discovery of any money, chose in action, equitable or legal interest, and all other property to which the defendant is entitled, and for subjecting the money, chose in action, equitable or legal interest, and all other property to which the defendant is entitled to the satisfaction of the judgment.
(2)
In such actions, persons indebted to the defendant in the execution or holding the money or property in which he has an interest, or holding the evidences or securities for the same, may be also made defendants.
(b)
The answers of each defendant shall be verified by his or her own oath and not by that of an agent or attorney, and the court shall enforce full and explicit discoveries in the answers by attachment.
(c)
In the actions mentioned in the preceding subsections, the plaintiff may have an attachment against the property of the defendant in the execution, similar to the general attachments provided for in Chapter III of Title VIII of the code, without either the affidavit or bond therein required.
(d)
A lien shall be created upon the property of the defendant, the levy of the attachment, or service of the summons with the object of the action endorsed thereon, on the person holding or controlling his property.
(e)
The court shall enforce the surrender of the money, or security therefor, or of any other property of the defendant in the execution which may be discovered in the action. For this purpose, the court may commit to jail any defendant or garnishee failing or refusing to make such surrender, until it shall be done, or the court is satisfied that it is out of his or her power to do so.
Civil Code, §§ 473-477; C. & M. Dig., §§ 4366, 4368-4371; Pope's Dig., §§ 5378, 5380-5383; A.S.A. 1947, §§ 30-901 -- 30-905; Acts 2003, No. 1185, § 202.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 66 - EXECUTION OF JUDGMENTS (§§ 16-66-101 — 16-66-611) › Subchapter 4 - LEVY AND SALE (§§ 16-66-401 — 16-66-422) › Section 16-66-419 - Discovery in aid of execution - Deposition

(a)
In any action in the circuit courts of this state, in which judgment has been rendered against one (1) or more of the parties therein, a party in whose favor the judgment was rendered or his or her successor in interest when that interest appears of record may, in aid of the judgment or in aid of execution issued thereon, examine any person, including other parties to the action, in the manner provided for taking of depositions for discovery purposes in §
16-44-116
and §§
16-44-118
-
16-44-120
.
(b)
The remedies and proceedings provided in this section shall be cumulative and shall be available in addition to all others now provided by law.
(c)
This section, being remedial in nature, shall apply to any case in which there is of record a judgment upon which execution may issue, without regard to the date the judgment was entered or the date the action was initiated.
Acts 1955, No. 162, §§ 1-3; A.S.A. 1947, §§ 30-906 -- 30-908.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 66 - EXECUTION OF JUDGMENTS (§§ 16-66-101 — 16-66-611) › Subchapter 4 - LEVY AND SALE (§§ 16-66-401 — 16-66-422) › Section 16-66-420 - Bill of sale - Delivery of property

When the purchaser of any goods and chattels pays the purchase money, the officer selling the goods and chattels shall deliver to him or her the property and, if desired, shall execute an instrument in writing at the expense of the purchaser, testifying to the sale and payment of the purchase money, and conveying to the purchaser all the right, title, and interest which the debtor had in and to the property sold on the day the execution was delivered.
Rev. Stat., ch. 60, § 52; C. & M. Dig., § 4342; Pope's Dig., § 5354; A.S.A. 1947, § 30-435.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 66 - EXECUTION OF JUDGMENTS (§§ 16-66-101 — 16-66-611) › Subchapter 4 - LEVY AND SALE (§§ 16-66-401 — 16-66-422) › Section 16-66-421 - Instrument of conveyance

(a)
The officer who shall sell any real estate or lease of lands for more than three (3) years shall make the purchaser a deed, to be paid for by the purchaser, reciting the names of the parties to the execution, the date when issued, the date of the judgment, order, or decree, and other particulars as recited in the execution and a description of the time, place, and manner of sale. This recital shall be received in evidence of the facts therein stated.
(b)
(1)
Every officer executing any deed for land, tenements, and hereditaments sold under execution shall acknowledge the deed before the circuit court of the county in which the estate is situated. If the officer dies, leaves the state, resigns, or is removed from office before making the acknowledgment, the deed may be proved before the court as other deeds.
(2)
The clerk of the court shall endorse upon the deed a certificate of the acknowledgment or proof, under the seal of the court, and shall make an entry in the minutes of the court of the acknowledgment, with the names of the parties to the suit and a description of the property conveyed by the deed.
(c)
Every deed, so executed, acknowledged, or proved shall be recorded as other conveyances of land. Thereafter the deed or a copy thereof or of the record certified by the recorder shall be received in any court in this state without further proof of the execution thereof.
(d)
If any officer executes a deed for land, tenements, or hereditaments sold under execution or by virtue of the order, sentence, or decree of any court and the deed is not acknowledged in open court, as provided by law, the deed or deeds of conveyance may be acknowledged or proven before any officer authorized by the laws of this state to take the acknowledgment or proof of deeds of conveyance and recorded as other deeds. The acknowledgment and recordation of the deed shall be as valid as if the deed were acknowledged in open court.
(e)
When any officer dies, is removed from office, or is disqualified, after the sale of any property and before executing a conveyance therefor, the purchaser may petition the court out of which the execution issued, stating the facts. If he or she satisfies the court that the purchase money has been paid, the court shall order the sheriff then in office to execute and acknowledge a deed to the purchaser, reciting the facts. The deed shall be executed accordingly and shall have the same effect to all intents and purposes as if made by the officer so deceased, removed from office, or disqualified.
Rev. Stat., ch. 60, §§ 54, 56-58, 61; Acts 1855, § 1, p. 81; C. & M. Dig., §§ 4334, 4336-4339, 4359; Pope's Dig., §§ 5346, 5348-5351, 5371; A.S.A. 1947, §§ 30-446 -- 30-451.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 66 - EXECUTION OF JUDGMENTS (§§ 16-66-101 — 16-66-611) › Subchapter 4 - LEVY AND SALE (§§ 16-66-401 — 16-66-422) › Section 16-66-422 - Execution of instrument conveying improvements on public land

The officer who sells any improvement on the public lands of the United States shall, at the expense of the purchaser, execute an instrument in writing reciting the sale, the payment of the purchase money, describing the improvements, and conveying to the purchaser all the right, title, interest, and claim that the debtor had in the improvement at the time execution was levied thereon.
Rev. Stat., ch. 60, § 55; C. & M. Dig., § 4335; Pope's Dig., § 5347; A.S.A. 1947, § 30-438.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 66 - EXECUTION OF JUDGMENTS (§§ 16-66-101 — 16-66-611) › Subchapter 5 - REDEMPTION (§§ 16-66-501 — 16-66-507) › Section 16-66-501 - Certificate of sale given purchaser by sheriff - Return of duplicate

The sheriff shall give the purchaser of any real property, sold upon execution a certificate of sale in which the property sold shall be described and the price for which it is sold stated. The certificate shall be evidence of the purchase at the price stated, and the officer shall return a duplicate thereof with the execution. No conveyance shall be made to the purchaser nor the possession delivered to him or her until the time for redeeming has expired. If the property is redeemed by the defendant as provided in this subchapter, the sale and certificate of purchase shall be null and void.
Civil Code, § 693; C. & M. Dig., § 4328; Pope's Dig., § 5340; A.S.A. 1947, § 30-439.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 66 - EXECUTION OF JUDGMENTS (§§ 16-66-101 — 16-66-611) › Subchapter 5 - REDEMPTION (§§ 16-66-501 — 16-66-507) › Section 16-66-502 - Time of redemption of real estate

When any real estate or any interest therein is sold under execution, the real estate or interest therein may be redeemed by the debtor from the purchaser or his or her vendees, or the personal representatives of either, within twelve (12) months thereafter.
Civil Code, § 691; C. & M. Dig., § 4329; Pope's Dig., § 5341; A.S.A. 1947, § 30-440.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 66 - EXECUTION OF JUDGMENTS (§§ 16-66-101 — 16-66-611) › Subchapter 5 - REDEMPTION (§§ 16-66-501 — 16-66-507) › Section 16-66-503 - Manner of making redemption

The debtor may at any time within twelve (12) months pay to the clerk of the court from which the execution issued the purchase money with fifteen percent (15%) per annum and all lawful charges and take his or her receipt therefor. The money shall be held by the clerk for the use of the purchaser. The clerk shall be responsible upon his official bond therefor. The clerk shall endorse upon the execution book that the redemption has been made.
Civil Code, § 692; C. & M. Dig., § 4330; Pope's Dig., § 5342; A.S.A. 1947, § 30-441.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 66 - EXECUTION OF JUDGMENTS (§§ 16-66-101 — 16-66-611) › Subchapter 5 - REDEMPTION (§§ 16-66-501 — 16-66-507) › Section 16-66-504 - Right of judgment creditor to redeem - Entry of redemption upon execution book

(a)
At any time before the expiration of twelve (12) months from the sale of any land under the provisions of this subchapter which has not been redeemed, any judgment creditor may redeem the land in the manner set forth in subsection (b) of this section.
(b)
(1)
The judgment creditor shall:
(A)
Sue out an execution upon his or her judgment and place the execution in the hands of the proper officer;
(B)
Pay to the officer the amount for which the premises were sold, and fifteen percent (15%) per annum thereon from the date of the sale, and all charges thereon for the use of the purchaser; and
(C)
Offer to credit his or her execution with a sum at least equal to ten percent (10%) of the amount for which the land sold, which offer shall be regarded as his or her bid.
(2)
All of which shall be endorsed upon the execution, and a statement thereof filed with the execution upon which the land was sold. Whereupon, the clerk shall endorse in the proper place upon the execution book that the creditor has bid for the redemption of the property, which shall be dated, and may be in substance as follows:
"A. B., a judgment creditor, bids . dollars, for the redemption of the property sold on this execution."
Civil Code, § 694; C. & M. Dig., § 4331; Pope's Dig., § 5343; A.S.A. 1947, § 30-442.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 66 - EXECUTION OF JUDGMENTS (§§ 16-66-101 — 16-66-611) › Subchapter 5 - REDEMPTION (§§ 16-66-501 — 16-66-507) › Section 16-66-505 - Redemption from judgment creditor by purchaser

(a)
Unless the purchaser, within thirty (30) days from the filing of the statement and the making of the endorsement mentioned in §
16-66-504
, pays to the officer the amount so bid by the judgment creditor, the endorsement shall operate as a redemption of the property by the judgment creditor and he or she shall succeed to all the rights and liabilities of the purchaser.
(b)
If the purchaser pays within the time allowed the amount so bid by the judgment creditor to the officer, it shall bar the redemption. The right of redemption of the judgment creditor as against the purchaser or anyone redeeming from him or her shall be forever foreclosed.
(c)
(1)
If the purchaser fails to pay over to the officer the amount of the bid as provided in this section, the officer shall pay over to the purchaser the amount so paid by the judgment creditor and credit the execution of the judgment creditor with the amount so bid by him or her, after deducting costs and commissions, and shall execute to the judgment creditor a certificate of sale, in which shall be included as the price paid the amount paid to the purchaser and the amount of the bid of the judgment creditor.
(2)
The judgment creditor shall for all purposes of this subchapter be regarded as the purchaser of the property at the price mentioned in the certificate of sale executed to him or her.
(d)
Any other judgment creditor may in the same manner redeem from the judgment creditor or each succeeding judgment creditor who may redeem under the provisions of this section.
(e)
No redemption shall be allowed after twelve (12) months from the day of the original sale.
Civil Code, § 695; C. & M. Dig., § 4332; Pope's Dig., § 5344; A.S.A. 1947, § 30-443.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 66 - EXECUTION OF JUDGMENTS (§§ 16-66-101 — 16-66-611) › Subchapter 5 - REDEMPTION (§§ 16-66-501 — 16-66-507) › Section 16-66-506 - Priority of right of redemption

If any purchaser pays the amount bid by the judgment creditor, the officer shall pay that amount to the judgment creditor, together with the amount paid by the judgment creditor to the officer. The right of redemption shall be in the order of priority of judgment, but if any judgment creditor for thirty (30) days after a sale or redemption upon a judgment prior to his or hers fails to pay off prior bids and fails to bid for the redemption of the property, as provided in this subchapter, he or she shall be deemed to have waived his or her priority, as against others who have complied with the provisions of this subchapter.
Civil Code, § 696; C. & M. Dig., § 4333; Pope's Dig., § 5345; A.S.A. 1947, § 30-444.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 66 - EXECUTION OF JUDGMENTS (§§ 16-66-101 — 16-66-611) › Subchapter 5 - REDEMPTION (§§ 16-66-501 — 16-66-507) › Section 16-66-507 - Conveyance by sheriff - Right to possession

(a)
After the time for redemption has expired, the sheriff or his or her successor shall convey by deed the property sold under the provisions of this subchapter to the person entitled thereto.
(b)
Upon the conveyance, the grantee, if possession is not delivered within ten (10) days, may proceed by forcible detainer to be put in possession thereof.
Civil Code, § 697; C. & M. Dig., §§ 4334, 4340, 4841; Pope's Dig., §§ 5346, 5352, 6038; A.S.A. 1947, § 30-445.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 66 - EXECUTION OF JUDGMENTS (§§ 16-66-101 — 16-66-611) › Subchapter 6 - UNIFORM ENFORCEMENT OF FOREIGN JUDGMENTS ACT (§§ 16-66-601 — 16-66-611) › Section 16-66-601 - Definition

In this subchapter, "foreign judgment" means any judgment, decree, or order of a court of the United States or of any other court which is entitled to full faith and credit in this state.
Acts 1989, No. 501, § 1.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 66 - EXECUTION OF JUDGMENTS (§§ 16-66-101 — 16-66-611) › Subchapter 6 - UNIFORM ENFORCEMENT OF FOREIGN JUDGMENTS ACT (§§ 16-66-601 — 16-66-611) › Section 16-66-602 - Filing and status of foreign judgments

A copy of any foreign judgment authenticated in accordance with the act of Congress or the statutes of this state may be filed in the office of the clerk of any court of this state having jurisdiction of such an action. The clerk shall treat the foreign judgment in the same manner as a judgment of a court in this state. A judgment so filed has the same effect and is subject to the same procedures, defenses, and proceedings for reopening, vacating, or staying as a judgment of a court of this state and may be enforced or satisfied in like manner.
Acts 1989, No. 501, § 2; 1989 (3rd Ex. Sess.), No. 74, § 1.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607) › Chapter 66 - EXECUTION OF JUDGMENTS (§§ 16-66-101 — 16-66-611) › Subchapter 6 - UNIFORM ENFORCEMENT OF FOREIGN JUDGMENTS ACT (§§ 16-66-601 — 16-66-611) › Section 16-66-603 - Notice of filing

(a)
At the time of the filing of the foreign judgment, the judgment creditor or his or her lawyer shall make and file with the clerk of court an affidavit setting forth the name and last known post office address of the judgment debtor, and the judgment creditor.
(b)
Promptly upon the filing of the foreign judgment and the affidavit, the clerk shall mail notice of the filing of the foreign judgment to the judgment debtor at the address given and shall make a note of the mailing in the docket. The notice shall include the name and post office address of the judgment creditor and the judgment creditor's lawyer, if any, in this state. In addition, the judgment creditor may mail a notice of the filing of the judgment to the judgment debtor and may file proof of mailing with the clerk. Lack of mailing notice of filing by the clerk shall not affect the enforcement proceedings if proof of mailing by the judgment creditor has been filed.
(c)
No execution or other process for enforcement of a foreign judgment filed hereunder shall issue until ten (10) days after the date the judgment is filed.
Acts 1989, No. 501, § 3.