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11-4-305. Enforcement of laborer's lien.
Arkansas Code — all titles (historical 2020) · legal_authorities
11-4-305. Enforcement of laborer's lien.
(a) In all cases where the claimant is entitled to a laborer's lien or a lien on a thing or property worked on, the lien may be enforced as otherwise provided for by law, except that where a sheriff or constable is authorized to take charge of property subject to a lien claim and hold it subject to the decision of the court, as in cases of attachment, the sheriff or constable, upon the claimant's otherwise complying with the law regarding attachments and upon the claimant's filing an affidavit with the clerk of the court that he or she is unable to make an attachment bond, shall take the defendant's receipt for the property described in the plaintiff's statement as required by § 18-43-106, and the property shall be left in the possession of the defendant.
(b) The defendant shall exercise full dominion over the property as if it had not been attached except that he or she may not give it away. The defendant may sell, pledge, mortgage, or otherwise alienate or encumber the property if the proceeds therefrom bear a reasonable relation to the value of the lien, so that the person purchasing or taking an encumbrance upon the property shall possess superior rights to the lien claimant.
(c)(1) The defendant, however, selling or encumbering the property shall be held accountable to the court for the proceeds of the sale or encumbrance and shall file with the clerk of the court at the time of making the sale, or charging the property with an encumbrance, a statement giving the name of the purchaser or encumbrancer, his or her address, and the amount realized from the sale or encumbrance.
(2) The defendant shall also notify the plaintiff of the filing of the statement.
(d) If, upon the successful termination of the litigation in
Source: Arkansas Code — historical release 78 (November 6, 2020) · 11-4-305
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:11-4-305
Source file: gov.ar.code.title.11.odt
Pages: Not recorded – Not recorded
Passage SHA-256: b2c8f29a95aad73a1a58d1640b3bbd0807569f26a76cbc325b843136e8d93b32
Source location: content.xml paragraph 1466
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11-4-305. Enforcement of laborer's lien.
(a) In all cases where the claimant is entitled to a laborer's lien or a lien on a thing or property worked on, the lien may be enforced as otherwise provided for by law, except that where a sheriff or constable is authorized to take charge of property subject to a lien claim and hold it subject to the decision of the court, as in cases of attachment, the sheriff or constable, upon the claimant's otherwise complying with the law regarding attachments and upon the claimant's filing an affidavit with the clerk of the court that he or she is unable to make an attachment bond, shall take the defendant's receipt for the property described in the plaintiff's statement as required by § 18-43-106, and the property shall be left in the possession of the defendant.
(b) The defendant shall exercise full dominion over the property as if it had not been attached except that he or she may not give it away. The defendant may sell, pledge, mortgage, or otherwise alienate or encumber the property if the proceeds therefrom bear a reasonable relation to the value of the lien, so that the person purchasing or taking an encumbrance upon the property shall possess superior rights to the lien claimant.
(c)(1) The defendant, however, selling or encumbering the property shall be held accountable to the court for the proceeds of the sale or encumbrance and shall file with the clerk of the court at the time of making the sale, or charging the property with an encumbrance, a statement giving the name of the purchaser or encumbrancer, his or her address, and the amount realized from the sale or encumbrance.
(2) The defendant shall also notify the plaintiff of the filing of the statement.
(d) If, upon the successful termination of the litigation in favor of the lien claimant, the defendant fails within five (5) days to pay into the registry of the court where the action was originally instituted the proceeds from the sale or encumbrance, the defendant shall be held to be in contempt of court and punished as for contempt.
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Arkansas Code — all titles (historical 2020) · legal_authorities
18-43-106. Filing of sworn statement.
(a)(1) Every person who has a lien as provided in this section and §§ 18-43-101, 18-43-104, 18-43-105, 18-43-107—18-43-110, and 18-43-112—18-43-117 and wishes to avail himself or herself of the lien by an action before a court having jurisdiction.
(2)(A) The claimant shall make a sworn statement of the amount due after all just credits are given, to the best of his or her knowledge and belief, and state the kind of service, and for whom rendered, materials furnished, etc. The statement shall also contain a list of land, property, crops, or other productions of his or her labor charged.
(B) The truth of the sworn statement may be put in issue as in cases of attachment.
(b) The justice of the peace shall keep the statement on file and shall enter a brief of the case on his or her judgment docket.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 18-43-106
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 18-43-106. This identifies an authority to review, not proof of applicability.