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16-66-208. Exemptions — Wages — Penalty.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-66-208. Exemptions — Wages — Penalty.
(a)(1) The wages of all laborers and mechanics not exceeding their wages for sixty (60) days shall be exempt from seizure by garnishment, or other legal process if the defendant in any case files with the court from which the process is issued a sworn statement that the sixty (60) days' wages claimed to be exempt is less than the amount exempt to him or her under the Constitution of the state, and that he or she does not own sufficient other personal property which, together with the sixty (60) days' wages, would exceed in amount the limits of the constitutional exemption.
(2) The party in whose favor the garnishment has been issued, and who asserts that a claim of exemption is invalid in whole or in part, by giving five (5) days' written notice to the person claiming the exemption, shall be entitled to a hearing before the court or judge issuing the garnishment upon the question of the validity of the claim of exemption. No supersedeas shall be issued for a period of five (5) days after the claim of exemption is made in order to provide time for the party in whose favor the garnishment has been issued to request such hearing. The notice required by this section shall be served by a person authorized to serve a summons under § 16-58-107, and shall be filed in the office of the judge or the clerk issuing the garnishment.
(3)(A) If the claim of exemption is not valid, either in whole or in part, then the garnishment proceedings shall be stayed only as to such amount as the court may determine.
(B) If the claim of exemption is sustained, the wages of the person claiming such exemption shall not again be seized by garnishment or other legal process, for a period of sixty (60) days.
(b)(1) The first twenty-five dollars ($25.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-66-208
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:16-66-208
Source file: gov.ar.code.title.16.odt
Pages: Not recorded – Not recorded
Passage SHA-256: cefa6798c146acb27dfd1719a4d455aed4ff65561d82de2024a186f21dc0c82e
Source location: content.xml paragraph 26143
Stored source content
16-66-208. Exemptions — Wages — Penalty.
(a)(1) The wages of all laborers and mechanics not exceeding their wages for sixty (60) days shall be exempt from seizure by garnishment, or other legal process if the defendant in any case files with the court from which the process is issued a sworn statement that the sixty (60) days' wages claimed to be exempt is less than the amount exempt to him or her under the Constitution of the state, and that he or she does not own sufficient other personal property which, together with the sixty (60) days' wages, would exceed in amount the limits of the constitutional exemption.
(2) The party in whose favor the garnishment has been issued, and who asserts that a claim of exemption is invalid in whole or in part, by giving five (5) days' written notice to the person claiming the exemption, shall be entitled to a hearing before the court or judge issuing the garnishment upon the question of the validity of the claim of exemption. No supersedeas shall be issued for a period of five (5) days after the claim of exemption is made in order to provide time for the party in whose favor the garnishment has been issued to request such hearing. The notice required by this section shall be served by a person authorized to serve a summons under § 16-58-107, and shall be filed in the office of the judge or the clerk issuing the garnishment.
(3)(A) If the claim of exemption is not valid, either in whole or in part, then the garnishment proceedings shall be stayed only as to such amount as the court may determine.
(B) If the claim of exemption is sustained, the wages of the person claiming such exemption shall not again be seized by garnishment or other legal process, for a period of sixty (60) days.
(b)(1) The first twenty-five dollars ($25.00) per week of the net wages of all laborers and mechanics shall be absolutely exempt from garnishment or other legal process without the necessity of the laborer or mechanic filing a schedule of exemptions as provided in subsection (a) of this section.
(2) The term “net wages”, as used in this subsection, shall mean gross wages less the deductions actually withheld by the employer for Arkansas income tax, federal income tax, social security, group retirement, and group hospitalization insurance premiums and group life insurance premiums.
(c) Any officer violating the provisions of this section shall be subject to the fines and penalty mentioned in § 16-66-214.
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Arkansas Code — all titles (historical 2020) · legal_authorities
16-58-107. [Superseded.]
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-58-107
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: superseded. The source passage cites 16-58-107. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-66-214. Effect of filing schedule — Sale stayed without bond — Penalty for sale of scheduled property.
(a) When the schedule provided for in § 16-66-211 has been filed as prescribed in that section, the provisions of Chapter VI, of Title XV of the Code of Civil Practice shall not be considered as applying to the case of the execution or other final process stayed.
(b)(1) No indemnifying bond shall be received by the officer levying the execution or enforcing the final process.
(2) If any officer, under the pretext of having received an indemnifying bond, undertakes to sell the property described in the schedule, he or she shall be deemed guilty of gross misdemeanor and shall, upon conviction, be imprisoned in the county jail for a term of not less than one (1) month nor to exceed two (2) months and shall be fined in a sum not less than one hundred dollars ($100) nor more than five hundred dollars ($500). He or she shall furthermore be liable upon his official bond to the defendant in twice the amount of damages incurred by the defendant.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-66-214
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 16-66-214. This identifies an authority to review, not proof of applicability.