Browse Arkansas Code titles and sections
16-110-104. Attachment before debt due.
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. A text match is a research starting point; applicability is not established.
Issuing source page ↗
Authority boundary: historical statutory source snapshot not current law.
Open the recorded source website ↗
Record provenance
Stable record: arkansas_code:legal_authorities:16-110-104
Source file: gov.ar.code.title.16.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 01493c270a832ff740f56fd23c6a9aaa3db59040f31917fbae9b9bdbb5f8a2b8
Source location: content.xml paragraph 43670
Stored source content
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, 16-110-105 — 16-110-109, 16-110-111 — 16-110-113, 16-110-115 — 16-110-117, 16-110-119, 16-110-121, 16-110-122, 16-110-126, 16-110-127, 16-110-129, 16-110-131 — 16-110-136, and 16-110-139 shall, so far as they are applicable, regulate attachments authorized by the article.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-110-102. Garnishment generally.
(a)(1) Whenever, in a civil action, the plaintiff shall have reason to believe that any other person is indebted to the defendant or has in his or her hands or possession goods and chattels, moneys, credits, and effects belonging to the defendant, the plaintiff may sue out a writ of garnishment. This writ shall set forth his or her cause of action against the defendant, and command the officer charged with the execution thereof to summon the person named therein as garnishee to appear at the return day of the summons in the action if the writ shall have been issued at the commencement thereof and, if not so issued, on such day as the court shall designate to answer what goods, chattels, moneys, credits, and effects he or she may have in his or her hands or possession belonging to the defendant.
(2) In all such actions where the plaintiff has obtained judgment, he or she may sue out a writ of garnishment setting forth the judgment and shall proceed in the manner directed for the enforcement and collection thereof.
(b) The plaintiffs in all cases of garnishment may also have an attachment against the property of a garnishee, who is made a defendant thereto, by stating in his or her affidavit one (1) or more of the grounds of attachment mentioned in § 16-110-101, § 16-110-104, § 16-110-202, or § 16-110-203 and the amount for which the garnishee is indebted to the principal debtor, and by executing bond to the garnishee.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-110-102
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 16-110-102. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-110-105. Venue.
Attachments may be sued out, and the actions in which the attachments are obtained may be prosecuted, in any county in which property may be attached or where a garnishee, who is indebted or has property belonging to the defendant, is served with process.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-110-105
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 16-110-105. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-110-107. Bond.
(a) The order of attachment shall not be issued by the clerk until there has been executed in his or her office, by one (1) or more sufficient sureties of the plaintiff, a bond to the effect that the plaintiff shall pay to the defendant all damages which he or she may sustain by reason of the attachment if the order is wrongfully obtained.
(b) The defendant may, at any time before judgment, after reasonable notice to the plaintiff, move the court for additional security on the part of the plaintiff. If on the motion, the court is satisfied that the surety in the plaintiff's bond has removed from this state or is not sufficient for the amount thereof, it may vacate the order of attachment. The court may direct restitution of any property taken under it unless in a reasonable time, to be fixed by the court, sufficient security is given by the plaintiff.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-110-107
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. The source passage cites 16-110-107. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-110-109. Priority of orders of attachment.
Where there are several orders of attachment against the same defendant, they shall be executed in the order in which they were received by the county sheriff or other officer.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-110-109
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 16-110-109. This identifies an authority to review, not proof of applicability.