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16-110-128. Time for disposition of attachment.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-110-128. Time for disposition of attachment.
(a) An attachment obtained at the commencement of an action shall be sustained or discharged at the time that judgment is rendered in the action unless for sufficient cause the court extends the time of deciding upon it.
(b) An attachment obtained after the commencement of an action shall not be sustained until the defendant has had the time for controverting it as provided in §§ 16-110-101, 16-110-102, 16-110-104 — 16-110-113, 16-110-115 — 16-110-122, 16-110-124 — 16-110-136, 16-110-138, 16-110-139, and 16-110-201 — 16-110-211.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-110-128
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:16-110-128
Source file: gov.ar.code.title.16.odt
Pages: Not recorded – Not recorded
Passage SHA-256: b41002a007c55ac62d2be72658c30bb85791b3d49449e4756161f66a4495f9e3
Source location: content.xml paragraph 44124
Stored source content
16-110-128. Time for disposition of attachment.
(a) An attachment obtained at the commencement of an action shall be sustained or discharged at the time that judgment is rendered in the action unless for sufficient cause the court extends the time of deciding upon it.
(b) An attachment obtained after the commencement of an action shall not be sustained until the defendant has had the time for controverting it as provided in §§ 16-110-101, 16-110-102, 16-110-104 — 16-110-113, 16-110-115 — 16-110-122, 16-110-124 — 16-110-136, 16-110-138, 16-110-139, and 16-110-201 — 16-110-211.
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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
16-110-102. 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
16-110-104. 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
16-110-113. Attachment on joint or common property.
The county sheriff shall not, in executing an order of attachment upon personal property held by the defendant jointly or in common with another person, take possession of the property until there has been executed a bond to the other person, by one (1) or more sufficient sureties of the plaintiff, to the effect that he or she will pay to the person the damages he or she may sustain by the wrongful suing out of the order.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-110-113
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 16-110-113. This identifies an authority to review, not proof of applicability.