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16-110-136. Sale of property.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-110-136. Sale of property.
(a) The court may compel the delivery to the county sheriff, for sale, of any of the attached property for which a bond may have been given and may proceed summarily on the bond to enforce the delivery of the property, or the payment of such sums as may be due upon the bond, by rules and attachments as in cases of contempt.
(b)(1) The sales shall be public, upon such notice, and at such time and place, as the court may direct.
(2) When credits are given, bonds, with security, shall be required and the credit shall not be longer than three (3) months for personal property, and not less than three (3) nor more than twelve (12) months for real property, or on installments equivalent to not more than twelve (12) months' credit on the whole. Upon real property, a lien shall be retained.
(3) The sales shall be subject to the confirmation of the court.
(c) Any surplus of the attached property or its proceeds shall be returned to the defendant.
(d) No order for the sale of real property attached in virtue of the provisions of §§ 16-110-101, 16-110-102, 16-110-105 — 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 be made in any action in which the defendant has not appeared or been actually summoned until there has been filed an affidavit of the plaintiff, or of his or her agent or attorney, to the effect that the defendant has no personal property or not enough to satisfy the claim of the plaintiff, in this state, known to the affiant.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-110-136
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:16-110-136
Source file: gov.ar.code.title.16.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 3a0556aab3bd8ce773ed7ff8c8891400b828cb1ec29e7c599bc3f51a0e38ed7e
Source location: content.xml paragraph 44310
Stored source content
16-110-136. Sale of property.
(a) The court may compel the delivery to the county sheriff, for sale, of any of the attached property for which a bond may have been given and may proceed summarily on the bond to enforce the delivery of the property, or the payment of such sums as may be due upon the bond, by rules and attachments as in cases of contempt.
(b)(1) The sales shall be public, upon such notice, and at such time and place, as the court may direct.
(2) When credits are given, bonds, with security, shall be required and the credit shall not be longer than three (3) months for personal property, and not less than three (3) nor more than twelve (12) months for real property, or on installments equivalent to not more than twelve (12) months' credit on the whole. Upon real property, a lien shall be retained.
(3) The sales shall be subject to the confirmation of the court.
(c) Any surplus of the attached property or its proceeds shall be returned to the defendant.
(d) No order for the sale of real property attached in virtue of the provisions of §§ 16-110-101, 16-110-102, 16-110-105 — 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 be made in any action in which the defendant has not appeared or been actually summoned until there has been filed an affidavit of the plaintiff, or of his or her agent or attorney, to the effect that the defendant has no personal property or not enough to satisfy the claim of the plaintiff, in this state, known to the affiant.
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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
16-110-105. 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
16-110-113. 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.