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16-107-204. Subsequent breaches.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-107-204. Subsequent breaches.
(a) Whenever further breaches shall occur, the plaintiff or his of her personal representative may have a scire facias upon the judgment, suggesting the breaches against the defendant, and all parties bound thereby, and commanding that they be summoned to show cause why an execution should not be had upon the judgment for the amount of damages sustained by the further breaches.
(b) The like proceedings to ascertain damages shall be had upon the writ, as provided in the original suit on the bond. If the plaintiff recovers, judgment shall be rendered that the plaintiff have execution to collect the amount of damages assessed and costs.
(c) The execution issued on the judgment shall have like effect and be proceeded on in all things as in the first instance. However, the judgment shall remain as a security for further breaches, and so on, as often as occasion may require.
(d) Whenever in any action brought according to the provisions of this subchapter the jury finds that any assignment of breaches is not true, this finding shall be a bar to any other or further suit by scire facias or otherwise, for the recovery of any damages alleged to have been sustained by occasion of the same breaches so assigned.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-107-204
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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Record provenance
Stable record: arkansas_code:legal_authorities:16-107-204
Source file: gov.ar.code.title.16.odt
Pages: Not recorded – Not recorded
Passage SHA-256: bdea07a78335cf962a6e092faad0e82e088a076522f5a3512fc8f8883a81c56e
Source location: content.xml paragraph 42610
Stored source content
16-107-204. Subsequent breaches.
(a) Whenever further breaches shall occur, the plaintiff or his of her personal representative may have a scire facias upon the judgment, suggesting the breaches against the defendant, and all parties bound thereby, and commanding that they be summoned to show cause why an execution should not be had upon the judgment for the amount of damages sustained by the further breaches.
(b) The like proceedings to ascertain damages shall be had upon the writ, as provided in the original suit on the bond. If the plaintiff recovers, judgment shall be rendered that the plaintiff have execution to collect the amount of damages assessed and costs.
(c) The execution issued on the judgment shall have like effect and be proceeded on in all things as in the first instance. However, the judgment shall remain as a security for further breaches, and so on, as often as occasion may require.
(d) Whenever in any action brought according to the provisions of this subchapter the jury finds that any assignment of breaches is not true, this finding shall be a bar to any other or further suit by scire facias or otherwise, for the recovery of any damages alleged to have been sustained by occasion of the same breaches so assigned.
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