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16-107-302. Action against principal before debt due.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-107-302. Action against principal before debt due.
(a) A surety may maintain an action against his or her principal to obtain indemnity against the debt or liability for which the surety is bound, before it is due, whenever any of the grounds exist upon which, by the provisions of §§ 16-109-102 [repealed], 16-110-101, 16-110-104, 16-110-202, or 16-110-203, an order may be made for arrest and bail, or for attachment.
(b) In the action the surety may obtain any of the provisional remedies in Title VIII of the Code of Practice in Civil Cases upon the ground and in the manner prescribed therein.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-107-302
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:16-107-302
Source file: gov.ar.code.title.16.odt
Pages: Not recorded – Not recorded
Passage SHA-256: ab10e15e324f8823349842bd8fab9cf6ad89bbca8b2fdee5a78ff4c2b1dae7a3
Source location: content.xml paragraph 42675
Stored source content
16-107-302. Action against principal before debt due.
(a) A surety may maintain an action against his or her principal to obtain indemnity against the debt or liability for which the surety is bound, before it is due, whenever any of the grounds exist upon which, by the provisions of §§ 16-109-102 [repealed], 16-110-101, 16-110-104, 16-110-202, or 16-110-203, an order may be made for arrest and bail, or for attachment.
(b) In the action the surety may obtain any of the provisional remedies in Title VIII of the Code of Practice in Civil Cases upon the ground and in the manner prescribed therein.
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Arkansas Code — all titles (historical 2020) · legal_authorities
16-110-101. Grounds generally for attachment.
The plaintiff in a civil action, at or after its commencement, may have an attachment against the property of the defendant, in the cases and upon the grounds stated in this section, as a security for the satisfaction of such judgment as may be recovered:
(1)(A) In an action for the recovery of money, where the action is against a defendant who, or several defendants who, or one (1) of whom:
(i) Is a foreign corporation, or nonresident of the state. However, an attachment shall not be granted on the ground that the defendant or defendants, or any of them, is a foreign corporation or nonresident of this state, for any claim other than a debt or demand arising upon contract;
(ii) Has been absent therefrom four (4) months;
(iii) Has departed from this state, with intent to defraud his or her creditors;
(iv) Has left the county of his or her residence to avoid the service of a summons;
(v) So conceals himself or herself that a summons cannot be served upon him or her;
(vi) Is about to remove, or has removed, his or her property, or a material part thereof, out of this state, not leaving enough therein to satisfy the plaintiff's claim, or the claim of the defendant's creditors;
(vii) Has sold, conveyed, or otherwise disposed of his or her property, or suffered or permitted it to be sold, with the fraudulent intent to cheat, hinder, or delay his or her creditors; or
(viii) Is about to sell, convey, or otherwise dispose of his or her property, with such intent.
(B) The cause of attachment mentioned in subdivision (1)(A) of this section against one (1) or more defendants to a civil action shall not authorize an attachment against any of the defendants who are not embraced in subdivision (1)(A) of this section; b
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-110-101
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 16-110-101. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-110-104. Attachment before debt due.
(a) In an action brought by a creditor against his or her debtor, the plaintiff may, before his or her claim is due, have an attachment against the property of the debtor, where:
(1) The debtor has sold, conveyed, or otherwise disposed of his or her property or suffered or permitted it to be sold, with the fraudulent intent to cheat or defraud his or her creditors, or to hinder or delay them in the collection of their debts;
(2) The debtor is about to make such fraudulent sale, conveyance, or disposition of his or her property with such intent; or
(3) The debtor is about to remove his or her property, or a material part thereof, out of this state with the intent or to the effect of cheating or defrauding his or her creditors or of hindering or delaying them in the collection of their debts.
(b) The attachment authorized by subsection (a) of this section may be granted by the court in which the action is brought, by the clerk or judge thereof, or by any circuit judge in vacation, where the complaint, verified by oath of the plaintiff, his or her agent, or attorney, shows:
(1) Any of the grounds for attachment enumerated in subsection (a) of this section;
(2) The nature and amount of the plaintiff's claim; and
(3) When the claim becomes due.
(c) The order of the court, clerk, or judge granting the attachment shall specify the amount for which it is allowed, not exceeding a sum sufficient to satisfy the plaintiff's claim, and the probable costs of the action.
(d) The order of attachment as granted by the court, clerk, or judge shall not be issued by the clerk until there has been executed in his or her office such bond on the part of the plaintiff as is directed in § 16-110-107.
(e) Provisions of §§ 16-110-102,
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-110-104
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 16-110-104. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-110-202. Enforcement of mortgage, lien, etc., of personal property.
In an action to enforce a mortgage of, or lien upon, personal property; for the recovery, partition, or sale of the property; or by a plaintiff having a future estate or interest therein, for the security of his or her rights, where it satisfactorily appears by the complaint, verified on oath or by affidavits or the proofs in the cause, that the plaintiff has a just claim and that the property is about to be sold, concealed, or removed from the state, or where the plaintiff states on oath that he or she has reasonable cause to believe and does believe that, unless prevented by the court, the property will be sold, concealed, or removed from the state, an attachment may be granted against the property.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-110-202
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 16-110-202. This identifies an authority to review, not proof of applicability.