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16-66-214. Effect of filing schedule — Sale stayed without bond — Penalty for sale of scheduled property.
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. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:16-66-214
Source file: gov.ar.code.title.16.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 784d8a495018e929be740c41fe96ec99a0962c66c3f3f639ef350cb57a6869ed
Source location: content.xml paragraph 26395
Stored source content
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.
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Arkansas Code — all titles (historical 2020) · legal_authorities
16-66-211. Claiming exemptions — Schedule of property — Stay of execution — Levy on remainder of property — Appeal.
(a)(1) Whenever any resident of this state, upon the issue against him or her for the collection of any debt by contract of any execution or other process, of any attachment except specific attachment against his or her property, desires to claim any of the exemptions provided for by law, he or she shall prepare a schedule, verified by affidavit, of all his or her property. This schedule shall include moneys, rights, credits, and choses in action held by himself or herself or others for him or her and specifying the particular property which he or she claims as exempt under the provisions of the Arkansas Constitution, Article 9.
(2) After giving five (5) days' notice in writing to the opposing party or his or her agent or attornery, the resident claiming the exemption shall file the schedule with the judge or clerk issuing the execution or other process or attachment.
(3) A hearing shall be ordered by the court or judge issuing the process if, within five (5) days after receiving the notice required to be given by the person claiming the exemption, the party in whose favor the process issued files a request for a hearing with the judge or clerk of the court.
(4) If after the hearing, either in open court or by the judge in vacation, the claim of exemption is determined to be valid, then supersedeas shall issue, staying any sale or further proceeding under the execution, process, or attachment against the property described in the schedule, and claimed as exempted, and by returning the property to the defendant.
(5) No alias execution shall be levied on property relieved from process by claim of exemption until one (1) year from the date of the fi
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-66-211
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 16-66-211. This identifies an authority to review, not proof of applicability.