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16-110-413. Garnishment against state or subdivision of state after judgment.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-110-413. Garnishment against state or subdivision of state after judgment.
(a)(1) Any indebtedness, goods and chattels, moneys, credits, or effects, except for refunds for overpayment of Arkansas state income tax belonging to a defendant in a civil action and in the hands or possession of the State of Arkansas, or any subdivision thereof, institution, department, or special district or instrumentality of the State of Arkansas, shall be subject to garnishment as is now provided by law.
(2) Nothing in subdivision (a)(1) of this section shall be construed in any way to eliminate or limit the provisions of § 26-36-301 et seq. concerning the set-off of debt owed to a state program.
(b)(1) Any writ of garnishment sued out pursuant to this section shall be served upon the individual representing the State of Arkansas, subdivision thereof, institution, department, special district, or instrumentality of the State of Arkansas, who has such indebtedness, goods and chattels, moneys, credits, or effects in his or her custody, and he or she shall answer the writ and satisfy the garnishment as provided by law.
(2) However, if the writ of garnishment is of salary or wages, it shall be served upon, answered, and satisfied by the institution, agency, department, special district, or instrumentality employing the person whose salary or wages are sought by the garnishment.
(c) A writ of garnishment shall be sued out pursuant to this section only after judgment.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-110-413
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:16-110-413
Source file: gov.ar.code.title.16.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 449bf55b84f4fac9895f8d6f15fd1c1f212edfa8474c58b586c7abbaf78cf440
Source location: content.xml paragraph 44946
Stored source content
16-110-413. Garnishment against state or subdivision of state after judgment.
(a)(1) Any indebtedness, goods and chattels, moneys, credits, or effects, except for refunds for overpayment of Arkansas state income tax belonging to a defendant in a civil action and in the hands or possession of the State of Arkansas, or any subdivision thereof, institution, department, or special district or instrumentality of the State of Arkansas, shall be subject to garnishment as is now provided by law.
(2) Nothing in subdivision (a)(1) of this section shall be construed in any way to eliminate or limit the provisions of § 26-36-301 et seq. concerning the set-off of debt owed to a state program.
(b)(1) Any writ of garnishment sued out pursuant to this section shall be served upon the individual representing the State of Arkansas, subdivision thereof, institution, department, special district, or instrumentality of the State of Arkansas, who has such indebtedness, goods and chattels, moneys, credits, or effects in his or her custody, and he or she shall answer the writ and satisfy the garnishment as provided by law.
(2) However, if the writ of garnishment is of salary or wages, it shall be served upon, answered, and satisfied by the institution, agency, department, special district, or instrumentality employing the person whose salary or wages are sought by the garnishment.
(c) A writ of garnishment shall be sued out pursuant to this section only after judgment.
Cross-references
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Arkansas Code — all titles (historical 2020) · legal_authorities
26-36-301. Purposes.
(a) The purpose of this subchapter is to establish as policy that all claimant agencies and the Revenue Division of the Department of Finance and Administration shall cooperate in identifying debtors who:
(1) Qualify for refunds from the division; and
(2) Owe money to the state, to an Arkansas county, city, or town, or to a housing authority created under § 14-169-101 et seq., through its various claimant agencies.
(b) It is also the intent of this subchapter that procedures be established for setting off against any such refund the sum of any debt owed to the state, to an Arkansas county, city, or town, or to a housing authority created under § 14-169-101 et seq.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 26-36-301
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 26-36-301. This identifies an authority to review, not proof of applicability.