99 chapters · 2,352 sections in this title.
Ark. Code Ann. § 16-110-301 Liability for debts for building, repairing, fitting, etc
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(a) Boats and vessels of all descriptions built, repaired, or equipped in this state, or running upon any of the navigable waters of this state, shall be liable for all debts contracted by the owners, masters, or supercargoes, or assignees thereof, on account of all work done, or…
Ark. Code Ann. § 16-110-302 Liability for contracts and torts
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(a) All boats and vessels of all descriptions built, repaired, or equipped in this state, or running upon any of the navigable waters of this state, shall be liable for all contracts of every kind made by the owners, masters, or supercargoes of the boats or vessels for or on acco…
Ark. Code Ann. § 16-110-303 Affidavit for attachment
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Any person having a demand, contracted as mentioned in § 16-110-301, against any boat or vessel, upon affidavit being made and filed with the clerk of the circuit court, setting forth the nature and the amount of the demand, and upon bond being given by the plaintiff as in other …
Ark. Code Ann. § 16-110-304 Election of remedy
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(a) The plaintiff may make his or her election either to proceed against the owner or owners by their proper names or by the name and style of their partnership, if known, or against the boat or vessel by its name or description only. (b) The writ shall authorize and direct the s…
Ark. Code Ann. § 16-110-305 Bond of plaintiff
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In all cases where the proceedings are instituted against the boat or vessel by its name or description only, the bond to be given by the plaintiff shall be made payable to the State of Arkansas, for the use and benefit of the owners of the boat or vessel. The owners may institut…
Ark. Code Ann. § 16-110-306 Filing complaint on return of attachment
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Upon the return of the attachment, the plaintiff shall file a written declaration or statement against the boat or vessel by its name or description or against the owner or owners, as the case may be. The declaration or statement shall briefly recite the nature of the demand, whe…
Ark. Code Ann. § 16-110-307 Procedure
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The attachment shall proceed in like manner in all other respects, and like judgment and execution shall be had, as in other cases of attachment.
Ark. Code Ann. § 16-110-308 Collection of wages
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All engineers, pilots, mariners, boatmen, and others employed in any capacity in or about the boat or vessel who may be entitled to arrearages of wages in consequence of their services may proceed to collect the wages under the provisions of §§ 16-110-301 and 16-110-303 — 16-110-…
Ark. Code Ann. § 16-110-309 Discharging bond
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If the owner, master, supercargo, or consignee of any such boat or vessel seized by attachment shall, at any time before judgment, give bond to the plaintiff with security to be approved by the clerk of the circuit court or by the judge, as the case may be, in double the amount o…
Ark. Code Ann. § 16-110-401 Grounds
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(a) (1) In all cases where any plaintiff may begin an action in any court of record, or before any justice of the peace, or may have obtained a judgment before any of the courts, and the plaintiff shall have reason to believe that any other person is indebted to the defendant or …
Ark. Code Ann. § 16-110-402 Procedure in issuing writs of garnishment
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(a) (1) Upon application for a writ of garnishment by any qualified judgment creditor, the clerk of the court shall attach to the writ of garnishment the following “Notice to Defendant”:“NOTICE TO DEFENDANT OF YOUR RIGHT TO KEEP WAGES, MONEY, AND OTHER PROPERTY FROM BEING GARNISH…
Ark. Code Ann. § 16-110-403 Filing of interrogatories
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The plaintiff shall, on the day on which he or she sues out his writ of garnishment, prepare and file all the allegations and interrogatories, in writing, with the clerk or justice issuing the writ upon which he or she may be desirous of obtaining the answer of the garnishee touc…
Ark. Code Ann. § 16-110-404 Answers to interrogatories
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The garnishee shall, on the return day named in the writ, exhibit and file, under his or her oath, full, direct, and true answers to all such allegations and interrogatories as may have been exhibited against him or her by the plaintiff.
Ark. Code Ann. § 16-110-405 Denial of answer
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(a) If the garnishee files his or her answer to the interrogatories exhibited and the plaintiff deems the answers untrue or insufficient, he or she may deny the answer and cause his or her denial to be entered on the record. (b) The court or justice, if neither party requires a j…
Ark. Code Ann. § 16-110-406 Failure of bank to answer
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(a) If any garnishee that is a bank, savings bank, or trust company domiciled in this state, after having been served with a writ of garnishment ten (10) days before the return day thereof, shall neglect to answer on or before the return day the writ or any interrogatories which …
Ark. Code Ann. § 16-110-407 Failure of garnishee to answer
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(a) If any garnishee, after having been duly served with a writ of garnishment, shall neglect or refuse to answer the interrogatories exhibited to him or her, on or before thirty (30) days after service of the writ, the court, upon motion of the plaintiff, may issue a notice to t…
Ark. Code Ann. § 16-110-408 Discharge of garnishment issued before judgment upon filing of bond by defendant
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(a) (1) Whenever a garnishment is issued in any action before judgment, the defendant may have the garnishment discharged and all funds or property of his or hers in the hands of the garnishee released therefrom by filing with the clerk of the court a bond in double the amount fo…
Ark. Code Ann. § 16-110-409 Discharge of garnishee before judgment upon surrender of property
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(a) If on the return day of any writ of garnishment the garnishee shall surrender to the plaintiff all the goods and chattels, moneys, credits, and effects which may be in his or her hands or possession belonging to the defendant, he or she shall be discharged with costs. (b) The…
Ark. Code Ann. § 16-110-410 Discharge of garnishee upon judgment or judgment for plaintiff
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(a) If the issue is found for the garnishee, he or she shall be discharged without further proceedings. (b) However, if the issue is found for the plaintiff, judgment shall be entered for the amount due from the garnishee to the defendant in the original judgment, or so much ther…
Ark. Code Ann. § 16-110-411 Effect of judgment against garnishee
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In all cases where judgment shall be rendered against any garnishee on an answer to interrogatories filed, the judgment shall have the effect to release the garnishee from all responsibility in relation to the goods and chattels, moneys, credits, and effects for which the judgmen…
Ark. Code Ann. § 16-110-412 Issuance of writ and judgment to another county
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Writs of garnishment may be issued from the circuit court of one (1) county to any other county in the state.
Ark. Code Ann. § 16-110-413 Garnishment against state or subdivision of state after judgment
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(a) (1) Any indebtedness, goods and chattels, moneys, credits, or effects, except for refunds for overpayment of Arkansas state income tax belonging to a defendant in a civil action and in the hands or possession of the State of Arkansas, or any subdivision thereof, institution, …
Ark. Code Ann. § 16-110-414 Garnishment against railroad for certain wages after judgment
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(a) No garnishment shall be issued by any court in any cause where the sum demanded is two hundred dollars ($200) or less, and where the property sought to be reached is wages due to a defendant by any railroad corporation, until after judgment has been recovered by the plaintiff…
Ark. Code Ann. § 16-110-415 Garnishment of wages
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(a) Upon the garnishment of salaries, wages, or other compensation due from the employer garnishee, the employer garnishee shall hold, to the extent of the amount due upon the judgment and costs, subject to the order of the court, any nonexempt wages due or which subsequently bec…
Ark. Code Ann. § 16-110-416 Notice to employer garnishee
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In any garnishment of salaries, wages, or other compensation due from the employer garnishee, the plaintiff shall include the following notice to the employer garnishee:“NOTICE TO EMPLOYER GARNISHEE”The amount of wages available for withholding for this judgment and costs is subj…
Ark. Code Ann. § 16-110-417 Handling costs for withholding
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(a) A payor may withhold up to two dollars and fifty cents ($2.50) per pay period in addition to any court-ordered income withholding amount for the administrative cost incurred in each withholding. (b) The income withholding provisions of this section shall not apply to unemploy…