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9-14-231. Overdue support as lien on personal property.
Arkansas Code — all titles (historical 2020) · legal_authorities
9-14-231. Overdue support as lien on personal property.
(a)(1)(A) Support that has been ordered paid through the registry of the court or through the Arkansas Child Support Clearinghouse and that has become overdue shall become a lien on all personal property owned by the noncustodial parent wherever it may be found and need not be limited to the confines of the county where the circuit court is sitting.
(B) A lien originating in another state shall be accorded full faith and credit as if the lien originated in the State of Arkansas.
(2) Upon proof that the noncustodial parent has refused or failed to support his or her child or children pursuant to the order, the court may cause the property to be immediately surrendered to the sheriff of the county where the property is located and may direct the sheriff to take action as necessary to have it sold and apply the proceeds from any sale thereof toward the costs of the sale, any superior liens, the support obligation, including court costs and any attorney's fees awarded pursuant thereto, and any inferior liens.
(3) Any amounts in excess of the overdue support, costs, fees, and other liens shall be paid to the noncustodial parent.
(4) Any person who may purchase any personal property owned by the noncustodial parent for value and without notice of the lien for support shall take the property free of the lien.
(b) The lien against personal property created in this section shall bear the same priority as set forth in § 4-9-322.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 9-14-231
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:9-14-231
Source file: gov.ar.code.title.09.odt
Pages: Not recorded – Not recorded
Passage SHA-256: eb04c074457ad969d37c1d3ce09ac62f22f7609bf43aaf6a5e8fea9153678dbf
Source location: content.xml paragraph 8826
Stored source content
9-14-231. Overdue support as lien on personal property.
(a)(1)(A) Support that has been ordered paid through the registry of the court or through the Arkansas Child Support Clearinghouse and that has become overdue shall become a lien on all personal property owned by the noncustodial parent wherever it may be found and need not be limited to the confines of the county where the circuit court is sitting.
(B) A lien originating in another state shall be accorded full faith and credit as if the lien originated in the State of Arkansas.
(2) Upon proof that the noncustodial parent has refused or failed to support his or her child or children pursuant to the order, the court may cause the property to be immediately surrendered to the sheriff of the county where the property is located and may direct the sheriff to take action as necessary to have it sold and apply the proceeds from any sale thereof toward the costs of the sale, any superior liens, the support obligation, including court costs and any attorney's fees awarded pursuant thereto, and any inferior liens.
(3) Any amounts in excess of the overdue support, costs, fees, and other liens shall be paid to the noncustodial parent.
(4) Any person who may purchase any personal property owned by the noncustodial parent for value and without notice of the lien for support shall take the property free of the lien.
(b) The lien against personal property created in this section shall bear the same priority as set forth in § 4-9-322.
Cross-references
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Arkansas Code — all titles (historical 2020) · legal_authorities
4-9-322. Priorities among conflicting security interests in and agricultural liens on same collateral.
(a) Except as otherwise provided in this section, priority among conflicting security interests and agricultural liens in the same collateral is determined according to the following rules:
(1) Conflicting perfected security interests and agricultural liens rank according to priority in time of filing or perfection. Priority dates from the earlier of the time a filing covering the collateral is first made or the security interest or agricultural lien is first perfected, if there is no period thereafter when there is neither filing nor perfection.
(2) A perfected security interest or agricultural lien has priority over a conflicting unperfected security interest or agricultural lien.
(3) The first security interest or agricultural lien to attach or become effective has priority if conflicting security interests and agricultural liens are unperfected.
(b) For the purposes of subsection (a)(1):
(1) the time of filing or perfection as to a security interest in collateral is also the time of filing or perfection as to a security interest in proceeds; and
(2) the time of filing or perfection as to a security interest in collateral supported by a supporting obligation is also the time of filing or perfection as to a security interest in the supporting obligation.
(c) Except as otherwise provided in subsection (f), a security interest in collateral which qualifies for priority over a conflicting security interest under § 4-9-327, § 4-9-328, § 4-9-329, § 4-9-330, or § 4-9-331 also has priority over a conflicting security interest in:
(1) any supporting obligation for the collateral; and
(2) proceeds of the collateral if:
(A) the security interest in procee
Source: Arkansas Code — historical release 78 (November 6, 2020) · 4-9-322
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 4-9-322. This identifies an authority to review, not proof of applicability.