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18-60-809. Replevin.
Arkansas Code — all titles (historical 2020) · legal_authorities
18-60-809. Replevin.
The plaintiff in an action to recover the possession of specific personal property, at the commencement of the action or at any time before judgment, may claim the immediate delivery of the property, as provided in §§ 18-60-810 — 18-60-822.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 18-60-809
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:18-60-809
Source file: gov.ar.code.title.18.odt
Pages: Not recorded – Not recorded
Passage SHA-256: e2cde46dc4f8c48b0b85d33cf09dfc1426928cdfb39b0e3883bfec780ecf2d05
Source location: content.xml paragraph 13872
Stored source content
18-60-809. Replevin.
The plaintiff in an action to recover the possession of specific personal property, at the commencement of the action or at any time before judgment, may claim the immediate delivery of the property, as provided in §§ 18-60-810 — 18-60-822.
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Arkansas Code — all titles (historical 2020) · legal_authorities
18-60-810. Affidavit for replevin.
(a) An order for the delivery of property to the plaintiff shall be made by the clerk when there is filed in his or her office an affidavit of the plaintiff, or of someone in his or her behalf, showing:
(1) A particular description of the property claimed;
(2) Its actual value and the damages which the affiant believes the plaintiff ought to recover for the detention thereof;
(3) That the plaintiff is the owner of the property or has a special ownership or interest therein, stating the facts in relation thereto, and that he or she is entitled to the immediate possession of the property;
(4) That the property is wrongfully detained by the defendant, with the alleged cause of the detention thereof, according to the best knowledge, information, and belief of the affiant;
(5) That it has not been taken for a tax or fine against the plaintiff, or under any order or judgment of a court against him or her, or seized under an execution or attachment against his or her property, or, if so seized, that it is by statute exempt from seizure;
(6) That the plaintiff's cause of action has accrued within three (3) years; and
(7) When the action is brought to recover property taken under an execution, the fact of the taking and the nature of the process under which it was done.
(b) When the delivery of several articles of property is claimed, the affidavit must state the value of each.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 18-60-810
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 18-60-810. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
18-60-822. Assessment of value and damages.
In actions for recovery of specific personal property, the jury must assess the value of the property, and the damages for taking or detention, whenever, by their verdict, there will be a judgment for the recovery or return of the property.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 18-60-822
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 18-60-822. This identifies an authority to review, not proof of applicability.