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18-60-803. Penalties — Damages and fee.
Arkansas Code — all titles (historical 2020) · legal_authorities
18-60-803. Penalties — Damages and fee.
(a) Any person who willfully and knowingly damages property in which there exists a valid right to issuance of an order of delivery, or on which an order has been sought under the provisions of this section and §§ 18-60-801 — 18-60-802 and 18-60-804 — 18-60-808, or who conceals it, with the intent to interfere with enforcement of the order, or who removes it from the jurisdiction of the court in which the action is pending with the intention of defeating enforcement of an order of delivery, or who willfully refuses to disclose its location to an officer charged with executing an order for its delivery, or, if the property is in his or her possession, willfully interferes with the officer charged with executing the writ shall be guilty of a misdemeanor.
(b) If convicted, he or she shall be subject to a fine of not more than one thousand dollars ($1,000) and imprisonment for a term of not more than six (6) months, or both.
(c) In addition to these criminal penalties, he or she shall be liable to the plaintiff for double the amount of damage done to the property, together with a reasonable attorney's fee, to be fixed by the court, and the damages and fee shall be deemed based on tortious conduct and enforceable accordingly.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 18-60-803
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:18-60-803
Source file: gov.ar.code.title.18.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 68c346cd9411f8c7851dc5689df8fe1f2604154d06e85b855e6b45bef67bdd3d
Source location: content.xml paragraph 13778
Stored source content
18-60-803. Penalties — Damages and fee.
(a) Any person who willfully and knowingly damages property in which there exists a valid right to issuance of an order of delivery, or on which an order has been sought under the provisions of this section and §§ 18-60-801 — 18-60-802 and 18-60-804 — 18-60-808, or who conceals it, with the intent to interfere with enforcement of the order, or who removes it from the jurisdiction of the court in which the action is pending with the intention of defeating enforcement of an order of delivery, or who willfully refuses to disclose its location to an officer charged with executing an order for its delivery, or, if the property is in his or her possession, willfully interferes with the officer charged with executing the writ shall be guilty of a misdemeanor.
(b) If convicted, he or she shall be subject to a fine of not more than one thousand dollars ($1,000) and imprisonment for a term of not more than six (6) months, or both.
(c) In addition to these criminal penalties, he or she shall be liable to the plaintiff for double the amount of damage done to the property, together with a reasonable attorney's fee, to be fixed by the court, and the damages and fee shall be deemed based on tortious conduct and enforceable accordingly.
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Arkansas Code — all titles (historical 2020) · legal_authorities
18-60-801. Definitions.
As used in this section and §§ 18-60-802 — 18-60-808:
(1) “Order of delivery” means a “writ of replevin”; and
(2) “Party” or “person” means individuals, corporations, partnerships, associations, or any entity having the legal capacity to sue or be sued.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 18-60-801
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 18-60-801. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
18-60-802. Existing laws not affected.
This section and §§ 18-60-801 and 18-60-803 — 18-60-808 shall not repeal any existing law pertaining to the recovery of personal property by parties claiming an interest therein.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 18-60-802
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 18-60-802. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
18-60-804. Petition for recovery of personal property.
(a) In all cases in this state wherein a party claims a right of possession of property in the possession of another, the party may apply to the circuit court or the district court for issuance of an order of delivery of the property. The application shall be by petition, signed by the party or his or her attorney, and shall set forth the reasons the issuance of the order of delivery is necessary.
(b) The petition may be presented to the circuit judge, who is empowered to hear it in any county of the district he or she serves, and he or she may issue an order giving notice of hearing to be held in any county in his or her district.
(c) The petition may be brought in the district court at the election of the party so filing, and the district court shall have authority to give notice and hear the petition in the same manner as the circuit court.
(d) If the petition recites facts which, if established by proof, support the existence of a right of possession in the petitioner, an order shall be issued, directing the party against whom the order of delivery is sought to appear before the judge issuing the order and show cause why the order of delivery should not be issued and the property seized and delivered to the petitioner.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 18-60-804
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 18-60-804. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
18-60-808. Alternative procedure.
(a) In lieu of the procedure set forth in this section and §§ 18-60-801 — 18-60-807, at the time the complaint is filed and summons issued, a petitioner may obtain a notice issued by the clerk of the court in which the proceeding is filed. The notice shall be served with the complaint and summons and shall notify the defendant that an order of delivery of the property described in the complaint is sought and that if any objection is made to issuance of the order of delivery it must be in the form of a written response, filed within five (5) days of service of the summons and complaint, excluding Sundays and legal holidays, with a copy served on the plaintiff's attorney.
(b)(1) In the event no written objection is filed and served within the five-day period, the clerk shall, upon the request of the plaintiff or his or her attorney, issue the writ forthwith.
(2) In the event a defendant files a written objection within the five-day period specified, the clerk shall, at the request of either party, set the matter for hearing before the circuit judge as promptly as the business of the judge shall permit.
(c) At the hearing the judge shall proceed in the manner specified in § 18-60-806.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 18-60-808
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 18-60-808. This identifies an authority to review, not proof of applicability.