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16-110-134. Intervention before sale.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-110-134. Intervention before sale.
(a) Before the sale of any attached property, or before the payment to the plaintiff of the proceeds thereof or of any attached debt, any person may present his or her complaint verified by oath to the court. This complaint shall dispute the validity of the attachment, or state a claim to the property or an interest in, or lien on it under any other attachment, or otherwise, and set forth the facts upon which the claim is founded, and his or her claim shall be investigated.
(b) A nonresident claimant shall, in such cases, give security for costs.
(c) The court may hear the proof, may order a reference to a commissioner, or may impanel a jury to inquire into the facts.
(d) If it is found that the claimant has a title to, a lien on, or any interest in the property, the court shall make such order as may be necessary to protect his or her rights.
(e) The costs of this proceeding shall be paid by either party, at the discretion of the court.
(f) Where several attachments are executed on the same property, the court, on the motion of any one (1) of the attaching plaintiffs, may order a reference to a commissioner, to ascertain and report the amounts and priorities of the several attachments.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-110-134
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:16-110-134
Source file: gov.ar.code.title.16.odt
Pages: Not recorded – Not recorded
Passage SHA-256: d904c6c157b7065ca8a0a9236d6e35a71a413d2a4f06f744336421d8e5c11540
Source location: content.xml paragraph 44264
Stored source content
16-110-134. Intervention before sale.
(a) Before the sale of any attached property, or before the payment to the plaintiff of the proceeds thereof or of any attached debt, any person may present his or her complaint verified by oath to the court. This complaint shall dispute the validity of the attachment, or state a claim to the property or an interest in, or lien on it under any other attachment, or otherwise, and set forth the facts upon which the claim is founded, and his or her claim shall be investigated.
(b) A nonresident claimant shall, in such cases, give security for costs.
(c) The court may hear the proof, may order a reference to a commissioner, or may impanel a jury to inquire into the facts.
(d) If it is found that the claimant has a title to, a lien on, or any interest in the property, the court shall make such order as may be necessary to protect his or her rights.
(e) The costs of this proceeding shall be paid by either party, at the discretion of the court.
(f) Where several attachments are executed on the same property, the court, on the motion of any one (1) of the attaching plaintiffs, may order a reference to a commissioner, to ascertain and report the amounts and priorities of the several attachments.
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