This article highlights some judgment-related laws and rules in Arkansas. Arkansas laws are often listed as being annotated in an official listing, abbreviated as ANN. Laws change over time, so please confirm any laws described in this or any of my articles. My articles are my opinions, and not legal advice. I am a Judgment Broker, and am not a lawyer. If you ever need any legal advice or a strategy to use, please contact a lawyer.
Arkansas Civil Code Ann. 16-11-0102: In all such actions where the plaintiff has obtained judgment, he may sue out a writ of garnishment setting forth the judgment and shall proceed in the manner directed for the enforcement and collection thereof. The plaintiffs in all cases of garnishment may also have an attachment against the property of the garnishee, who is made a defendant thereto, by stating in his affidavit one or more of the grounds for attachment and the amount for which the garnishee is indebted to the principal debtor, and by executing bond to the garnishee.
Arkansas Civil Code Ann. 16-11-0111: The order of attachment shall be executed by the Sheriff or other officer without delay by delivering a copy of the order, with a notice specifying the debt attached, to the person owing it. The Sheriff shall deliver copies to and summon such persons as garnishees as the plaintiff may direct. It shall be the duty of every person to whom the Sheriff shall apply therefor, to furnish him with the amount of the debt owing to the defendant, whether due or not. A failure to perform his duty may be punished by the court as contempt.
Arkansas Civil Code Ann. 16-11-0113: The Sheriff shall not, in executing an order of attachment upon personal property held by the defendant jointly or in common with another person, take possession of the property until there has been executed a bond to the other person, by one or more sufficient sureties of the plaintiff, to the effect that he will pay to the person the damages he may sustain by the wrongful suing out of the order.
Arkansas Civil Code Ann. 16-11-0127: 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 to the defendant, whether due or not, at or after the service of the order of attachment. Where a garnishee appears in person, he may be examined on oath. If it is discovered on the examination that, at or after the service of the order of attachment upon him, he was indebted to the defendant, the court may order 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 amount owing, or the court may permit the garnishee to retain the amount owing, upon the execution of a bond with one or more sufficient sureties, to the effect that the amount shall be paid or the property shall be forthcoming, as the court may direct. The court may, on motion of the plaintiff, compel the appearance in person, and examination, of any 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 owing by him to the defendant and make such order in relation thereto, as if what is so proved had appeared on the examination of the garnishee.
Arkansas Civil Code Ann. 16-11-0129: The garnishee may pay the money owing to the defendant by him to the Sheriff having in his hands the order of attachment or into the court. The garnishee shall not be subjected to costs beyond those caused by his resistance of the claim against him. In fact, if he discloses the true amount owing by him and pays the amount owing according to the order of the court, he shall be allowed his costs.
Arkansas Civil Code Ann. 16-11-0133: Upon the service of a summons upon any garnishee or after his failure to make a disclosure satisfactorily to the plaintiff, the latter may proceed in an action against him by filing a complaint verified as in other cases and causing a summons to be issued upon it. 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. The judgment may be enforced by execution or other proper means.
Arkansas Civil Code Ann. 16-65-114: Interest Rate at which Judgments Accrue Interest on any judgment entered by any court or magistrate on any contract shall bear interest at the rate provided by the contract or ten percent per annum, whichever is greater, and on any other judgment at ten percent per annum, but not more than the maximum rate permitted by law
Arkansas judgment domestication laws
Arkansas Civil Code Ann. 16-66-601: 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.
Arkansas Civil Code Ann. 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.
Arkansas Civil Code Ann. 16-66-603: Notice of filing.
(a) At the time of the filing of the foreign judgment, the judgment creditor or his 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.
Arkansas Civil Code Ann. 16-66-604: Stay.
(a) If the judgment debtor shows the court that an appeal from the foreign judgment is pending or will be taken, or that a stay of execution has been granted, the court shall stay enforcement of the foreign judgment until the appeal is concluded, the time for appeal expires, or the stay of execution expires or is vacated, upon proof that the judgment debtor has furnished the security for the satisfaction of the judgment required by the state in which it was rendered.
(b) If the judgment debtor shows the court any ground upon which enforcement of a judgment of a court of this state would be stayed, the court shall stay enforcement of the foreign judgment for an appropriate period, upon requiring the same security for satisfaction of the judgment which is required in this state.
Arkansas Civil Code Ann. 16-66-605: Fees.
Any person filing a foreign judgment shall pay to the clerk of court the same filing fee that would be paid for the filing of a civil action. Fees for docketing, transcription, or other enforcement proceedings shall be as provided in other civil proceedings in the courts of this state.
Arkansas Civil Code Ann. 16-66-606: Optional procedure.
The right of a judgment creditor to bring an action to enforce his judgment instead of proceeding under this subchapter remains unimpaired.
Arkansas Civil Code Ann. 16-66-606: Uniformity of interpretation.
This subchapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it.
Arkansas Civil Code Ann. 16-66-606: Short title.
This subchapter may be cited as the “Uniform Enforcement of Foreign Judgments Act”.
If you need to find a judgment collection attorney in Arkansas, contact a judgment broker, or visit the Arkansas Bar web site at: www.Arkansasbar.org.
Some of the most popular Alabama banks:
1294, First National Banking Company, 636 Ash Flat Drive, Ash Flat, Arkansas 72513, www.fnbna.com”
21165, The First National Bank of Izard County, 2184 AR 56 Highway, Calico Rock, Arkansas 72519, www.fnbizardcounty.com
15504, First National Bank of Crossett, 218 Main Street, Crossett, Arkansas 71635, www.fnbcrossett.com
13637, First National Bank of Eastern Arkansas, 101 North Washington Street, Forrest City, Arkansas 72335, www.fnbea.com
28812, Forrest City Bank, National Association, 715 North Washington, Forrest City, Arkansas 72335, www.fcbnet.com
3864, The First National Bank of Fort Smith, 602 Garrison Avenue, Fort Smith, Arkansas 72901, www.fnbfs.com
13543, The First National Bank in Green Forest (Now Anstaff Bank), 100 First National Avenue, Green Forest, Arkansas 72638, www.anstaffbank.com
14429, Helena National Bank, 302 Cherry Street, Helena, Arkansas 72342, www.helenanational.com
5929, First National Bank Of Northern Arkansas, 305-307 Public Square, Berryville, Arkansas 72616, www.fnbna.com
16983, Heritage Bank, National Association, 2009 Browns Lane, Jonesboro, Arkansas 72403, www.heritagebankark.com
24136, One Bank & Trust, 300 West Capitol Ave, Little Rock, Arkansas 72201, www.onebanc.com
23202, The Malvern National Bank, 1111 Military Road, Benton, Arkansas 72015, www.mnbbank.com
16256, The First National Bank of McGehee, Highway 65 South, McGehee, Arkansas 21379, www.fnbmcgehee.com
18979, Integrity First Bank, National Association, 502 South Hickory, Mountain Home, Arkansas 72653, www.goifb.com
14731, Ozark Heritage Bank, National Association, 802 East Main Street, Mountain View, Arkansas 72560, www.ozarkheritagebank.com
3887, First National Bank Paragould, Second And Court Streets, Paragould, Arkansas 72450, www.fnbank.net
14209, The First National Bank at Paris, 11 East Main Street, Paris, Arkansas 72855, ww.firstparis.net
19371, Relyance Bank, National Association, 912 South Poplar Street, Pine Bluff, Arkansas 71611, ww.relybank.com
6680, Simmons First National Bank/Simmons First Trust Company, 501 Main Street, Pine Bluff, Arkansas 71601, www.simmonsfirst.com
57953, Legacy National Bank, 4055 West Sunset, Springdale, Arkansas 72762, www.legacyar.com
11312, The First National Bank of Lawrence County, 206 West Main Street, Walnut Ridge, Arkansas 72476, www.firstteller.com
19644, Fidelity National Bank, 330 West Broadway, West Memphis, Arkansas 72301, www.fidelitybanker.com
10807, The First National Bank of Wynne, 528 East Merriman Ave, Wynne, Arkansas 72396, ww.fnbwynneonline.com