16-110-402. Procedure in issuing writs of garnishment.

16-110-402. Procedure in issuing writs of garnishment. (a)(1) Upon application for a writ of garnishment by any qualified judgment creditor, the clerk of the court shall attach to the writ of garnishment the following “Notice to Defendant”: “NOTICE TO DEFENDANT OF YOUR RIGHT TO KEEP WAGES, MONEY, AND OTHER PROPERTY FROM BEING GARNISHED The Writ of Garnishment or Writ of Execution delivered to you with this Notice means that wages, money, or other property belonging to you has been garnished in order to pay a court judgment against you. HOWEVER, YOU MAY BE ABLE TO KEEP YOUR MONEY OR PROPERTY FROM BEING TAKEN, SO READ THIS NOTICE CAREFULLY. State and federal laws say that certain money and property may not be taken to pay certain types of court judgments. Such money or property is said to be ‘exempt’ from garnishment. For example under the Arkansas Constitution and state law, you will be able to claim as exempt all or part of your wages or other personal property. As another example, under federal law the following are also exempt from garnishment: Social Security, SSI, Veteran's benefits, Temporary Assistance for Needy Families, unemployment compensation, and workers' compensation. You have a right to ask for a court hearing to claim these or other exemptions. If you need legal assistance to help you try to save your wages or property from being garnished, you should see a lawyer. If you can't afford a private lawyer, contact your local bar association or ask the clerk's office about any legal services program in your area.” (2) As an alternative, the “Notice to Defendant” may be incorporated as a part of the writ of garnishment. (b)(1)(A) A writ of garnishment together with the “Notice to Defendant” shall be directed, served, and returned in the same manner as a writ of summons. (B) In addition, the judgment creditor or the judgment creditor's attorney shall mail a copy of the writ of garnishment and the “Notice to Defendant” to the judgment debtor and the judgment debtor's attorney, if any, within five (5) days from the date the writ of garnishment is served on the garnishee. (2)(A) The judgment creditor or the judgment creditor's attorney shall mail the writ of garnishment and the “Notice to Defendant” by first-class mail to the last known residential address of the judgment debtor. (B) However, if the letter is returned “undeliverable” by the post office or if the last known residential address of the judgment debtor is not discoverable after diligent search, then the writ of garnishment and the “Notice to Defendant” shall be sent by first-class mail to the judgment debtor at his or her place of employment, if known. (c)(1) The judgment creditor or the judgment creditor's attorney is not required to mail another “Notice to Defendant” to the judgment debtor for future garnishments on the same debt within twelve (12) months of the original garnishment. (2) If further garnishments are filed after the original garnishment, then the “Notice to Defendant” is required to be mailed by the judgment creditor or the judgment creditor's attorney annually. (d)(1) Upon return of the clerk's writ of garnishment for filing with the court, the judgment creditor or judgment creditor's attorney shall include a “Notice to Defendant” certificate of service statement, including the name and last known address for the judgment debtor and the date the “Notice to Defendant” was sent to the judgment debtor. (2) The certificate of service statement shall be signed by the judgment creditor or judgment creditor's attorney. (e)(1)(A) The judgment debtor may claim exemptions according to law after service of the writ of garnishment on the garnishee by filing an exemption claim with the clerk. (B) Within five (5) days after an exemption claim is filed with the clerk, the judgment debtor or the judgment debtor's attorney shall notify the judgment creditor or the judgment creditor's attorney by fax transmission and concurrent mailing of the judgment debtor's exemption claim. (2) A hearing shall not be required and a writ of supersedeas shall issue unless the judgment creditor files within ten (10) days from the date the judgment debtor or judgment debtor's attorney files an exemption claim a statement in writing that the judgment debtor's claim of exemption is contested.