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16-110-106. Order of attachment.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-110-106. Order of attachment.
(a)(1) An order of attachment shall be made by the clerk of the court in which the action is brought in any case mentioned in § 16-110-101(1), where there is filed in his or her office an affidavit of the plaintiff or of someone in his or her behalf, showing:
(A) The nature of the plaintiff's claim;
(B) That it is just;
(C) The amount which the affiant believes the plaintiff ought to recover; and
(D) The existence in the action of one (1) of the grounds for an attachment enumerated in § 16-110-101(1). In the case mentioned in § 16-110-101(2), where it is shown by affidavit or by the return of the county sheriff or other officer upon the order for the delivery of the property claimed, the facts mentioned in § 16-110-101(2) must exist.
(2) When the return by the proper officer upon a summons against a defendant states that he or she has left the county to avoid the service of the summons or has concealed himself or herself therein for that purpose, it shall be equivalent to the statement of the fact in the affidavit mentioned in subdivision (a)(1) of this section.
(b)(1) The affidavit or grounds of attachment, may be amended so as to embrace any grounds of attachment that may exist up to, and until, the final judgment upon the attachments. If the amendment embraces grounds existing at the time of the commencement of the proceedings, and is sustained upon such grounds, the lien created by the suing out or levying of the original attachment shall be held to be good.
(2) However, if the amendments embrace new grounds not existing at the time of suing out the original attachment and the attachment shall be sustained on the new grounds only, the lien shall exist on the property, levied upon from the filing of the original attach
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-110-106
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. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:16-110-106
Source file: gov.ar.code.title.16.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 231487199d6cb19a4ef35e3202004b30eb603a20bfd007fc6c4dbd3af50db9e4
Source location: content.xml paragraph 43718
Stored source content
16-110-106. Order of attachment.
(a)(1) An order of attachment shall be made by the clerk of the court in which the action is brought in any case mentioned in § 16-110-101(1), where there is filed in his or her office an affidavit of the plaintiff or of someone in his or her behalf, showing:
(A) The nature of the plaintiff's claim;
(B) That it is just;
(C) The amount which the affiant believes the plaintiff ought to recover; and
(D) The existence in the action of one (1) of the grounds for an attachment enumerated in § 16-110-101(1). In the case mentioned in § 16-110-101(2), where it is shown by affidavit or by the return of the county sheriff or other officer upon the order for the delivery of the property claimed, the facts mentioned in § 16-110-101(2) must exist.
(2) When the return by the proper officer upon a summons against a defendant states that he or she has left the county to avoid the service of the summons or has concealed himself or herself therein for that purpose, it shall be equivalent to the statement of the fact in the affidavit mentioned in subdivision (a)(1) of this section.
(b)(1) The affidavit or grounds of attachment, may be amended so as to embrace any grounds of attachment that may exist up to, and until, the final judgment upon the attachments. If the amendment embraces grounds existing at the time of the commencement of the proceedings, and is sustained upon such grounds, the lien created by the suing out or levying of the original attachment shall be held to be good.
(2) However, if the amendments embrace new grounds not existing at the time of suing out the original attachment and the attachment shall be sustained on the new grounds only, the lien shall exist on the property, levied upon from the filing of the original attachment.
(3) A general order sustaining the attachment without designating the grounds upon which it is sustained shall be equivalent to sustaining the order on grounds that existed at the time the attachment was sued out.
(c)(1) The order of attachment shall be directed and delivered to the county sheriff or other officer, with as many copies thereof as the plaintiff may direct.
(2) It shall require him or her to attach and safely keep the property of the defendant in his or her county not exempt from execution, or so much thereof as will satisfy the plaintiff's claim specified in his or her affidavit, which shall be stated in the order and the probable costs of the action, not exceeding thirty dollars ($30.00). It shall also require him or her to summon the garnishees to answer in the action on the return day of the order and to make due return thereof.
(3) The return day of the order of attachment when issued at the commencement of the action shall be the same as that of the summons. When the order of attachment is issued afterward, the commencement of the action may be another day in term at the option of the plaintiff.
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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.