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18-48-210. Methods of enforcement.
Arkansas Code — all titles (historical 2020) · legal_authorities
18-48-210. Methods of enforcement.
The lien may be enforced either by public sale as provided in §§ 18-48-211 and 18-48-212 or by suit filed in the circuit court of the county wherein the livestock on which the lien is attached is located, without regard as to the amount in controversy.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 18-48-210
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:18-48-210
Source file: gov.ar.code.title.18.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 0c6e56e41883288348836419faf7a3156622f8c9d53490e260863e915fa8b3ef
Source location: content.xml paragraph 10434
Stored source content
18-48-210. Methods of enforcement.
The lien may be enforced either by public sale as provided in §§ 18-48-211 and 18-48-212 or by suit filed in the circuit court of the county wherein the livestock on which the lien is attached is located, without regard as to the amount in controversy.
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Arkansas Code — all titles (historical 2020) · legal_authorities
18-48-211. Notice required prior to public sale — Affidavit — Waiver of notices.
(a) Before any livestock shall be sold at public sale, without court action, if the names and addresses of the owners and if the name and address of the conditional sales vendor, mortgagor, or other prior lienholder are known, at least twenty (20) days' notice of the sale shall be given them in writing, either by the sheriff serving the notice upon the owner and the lienholder or by registered or certified mail, return receipt requested.
(b) In addition, a notice of the time and place of sale, containing a general description of the livestock, shall be published at least one (1) time a week for a period of two (2) weeks consecutively, in a newspaper of general circulation, if there is one published in the county where the livestock is kept and where the sale shall take place. If no newspaper is published in that county, five (5) handbills containing the same information shall be posted in at least five (5) public places in the township, the town, or the city where the sale shall take place.
(c) It shall be the duty of the person claiming the lien under this subchapter to cause the notices to be served, mailed, and published.
(d) Copies of the notice required by this section and proof of the publication or the posting of it, and an affidavit of the person causing the livestock to be sold to enforce his or her lien shall be filed and kept in the circuit clerk's office of the county where the sale takes place. Copies of it shall be received in evidence in all courts, if certified by the clerk.
(e) Owners or lienholders may waive any and all notices required under this section, if the waivers are in writing. These written waivers shall be effective only from the time they are filed in
Source: Arkansas Code — historical release 78 (November 6, 2020) · 18-48-211
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 18-48-211. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
18-48-212. Sale and disposition of proceeds.
(a) All sales under this subchapter shall be at public auction for cash.
(b)(1) The proceeds of the sale, after payment of the charges for the feeding, herding, pasturing, keeping, or ranching of the livestock, from the date when the lien became effective under § 18-48-203 until the date of the sale, and all the expenses of the sale, including costs of publication, attorney's fees, and costs of public auctioneer, if any, shall, if the owners are absent or unknown, be deposited with the treasurer of the county where the sale takes place by the person making the sale.
(2) These net proceeds shall be paid to the persons entitled to them when they properly establish ownership in, or lien upon, the livestock, either by claim of title or by claim of valid lien.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 18-48-212
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 18-48-212. This identifies an authority to review, not proof of applicability.