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16-106-107. Enforcement of execution.

Arkansas Code — all titles (historical 2020) · legal_authorities

16-106-107. Enforcement of execution.

16-106-107. Enforcement of execution. (a) Whenever an execution against a public debtor shall not be satisfied in the regular course of proceeding and the Attorney General or prosecuting attorney is of the opinion that the lack of satisfaction is caused by fraudulent concealment of the debtor's property, or by any other obstruction thereto, he or she may cause actions to be brought, either in the court in which the judgment was obtained or in any other circuit court within whose jurisdiction the property may be, or the debtor may be found, to set aside the fraudulent conveyances, to remove any obstructions to the execution, or to obtain satisfaction of the judgment. (b) For the purpose of bringing an action, the Attorney General or the prosecuting attorney may employ an attorney to bring the action, or an agent to prepare the suit and attend to the collection of the judgment, and may agree as to a compensation to be paid for their services, either certain or contingent on success. However, the amount of the contingent compensation shall not exceed twenty percent (20%) on the first three hundred dollars ($300) and ten percent (10%) on any excess over that amount. When the compensation is due, the Auditor of State, upon the certificate of the Attorney General or prosecuting attorney, shall issue a warrant on the Treasurer of State.

Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-106-107

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:16-106-107
Source file: gov.ar.code.title.16.odt
Pages: Not recorded – Not recorded
Passage SHA-256: d94f2b576df7829088d22fcccb2406fff2b40bacc25ca9a2f661d40f0a5119d5

Source location: content.xml paragraph 42346

Stored source content

16-106-107. Enforcement of execution. (a) Whenever an execution against a public debtor shall not be satisfied in the regular course of proceeding and the Attorney General or prosecuting attorney is of the opinion that the lack of satisfaction is caused by fraudulent concealment of the debtor's property, or by any other obstruction thereto, he or she may cause actions to be brought, either in the court in which the judgment was obtained or in any other circuit court within whose jurisdiction the property may be, or the debtor may be found, to set aside the fraudulent conveyances, to remove any obstructions to the execution, or to obtain satisfaction of the judgment. (b) For the purpose of bringing an action, the Attorney General or the prosecuting attorney may employ an attorney to bring the action, or an agent to prepare the suit and attend to the collection of the judgment, and may agree as to a compensation to be paid for their services, either certain or contingent on success. However, the amount of the contingent compensation shall not exceed twenty percent (20%) on the first three hundred dollars ($300) and ten percent (10%) on any excess over that amount. When the compensation is due, the Auditor of State, upon the certificate of the Attorney General or prosecuting attorney, shall issue a warrant on the Treasurer of State.

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