Title 16, Practice, Procedure, And Courts

(i) Residents of this state having the right to claim exemptions in a bankruptcy proceeding pursuant to 11 U.S.C. § 522 shall have the right to elect either:(i) The property exemptions provided by the Constitution and the laws of the State of Arkansas; or(ii) The property exempti…

(a) The following property shall be exempt from execution under bankruptcy proceedings pursuant to Pub. L. No. 95-598:(1) The unmarried debtor's aggregate interest, not exceeding eight hundred dollars ($800) in value, and the married debtor's aggregate interest, not exceeding one…

A person's wedding ring shall be exempt from attachment, execution, and seizure for satisfaction of debts.

(a) (1) A person's right to the assets held in or to receive payments, whether vested or not, under a pension, profit-sharing, or similar plan or contract, including a retirement plan for self-employed individuals, or under an individual retirement account or an individual retire…

(a) Whenever any final judgment order of a court of record is entered against a judgment debtor, the judgment debtor shall prepare a schedule, verified by affidavit, of all the judgment debtor's property, both real and personal, including moneys, bank accounts, rights, credits, a…

(a) If any person against whom any execution has been issued applies to the judge of the court out of which the execution or order of sale was issued, by petition verified by affidavit, setting forth good cause why the execution ought to be stayed, set aside, or quashed, reasonab…

(a) No stay shall be allowed upon:(1) A judgment or decree against any collecting officer, attorney at law, or agent for a delinquency or default in executing or fulfilling the duties of his or her office or place, or failing to pay over money collected by him or her in such capa…

(a) The defendants, except in cases otherwise provided for in this subchapter, when there is no execution thereon in the hands of a collecting officer, may stay any judgment or decree for money for six (6) months by giving, before the clerk of the court entering up the judgment o…

(a) The sale of personal property upon which an execution is levied shall be suspended at the instance of any person, other than the defendant in the execution, claiming the property, who shall execute with one (1) or more sureties a bond to the plaintiff in the execution, suffic…

An agreement to waive the right of stay, or any other legal agreement in relation to any judgment or decree, entered on the record among the orders of court, shall be specifically enforced. In such case, the proper endorsement shall be entered upon the execution by the clerk or j…

The person against whom any execution may be issued may select what property, real or personal, shall be sold to satisfy the execution. If he or she gives to the officer a list of the property selected, sufficient to satisfy the execution, the officer shall levy upon that propert…

(a) It shall be the duty of the sheriff, United States Marshal, or other officer levying upon any real estate under and by virtue of any writ of attachment, execution, or other process to file with the recorder of deeds of the county in which the real estate is situated a certifi…

(a) Whenever a sheriff or other officer levies an execution upon property or effects held jointly or in partnership by the debtor in the execution with others, to satisfy the separate debt of the debtor, the sheriff or other officer shall not proceed to make sale thereof, except …

(a) Whenever an officer, having an execution or writ of attachment in his or her hands, levies on shares or stock in corporations, he or she shall make the levy or seizure by leaving a true copy of the writ with the president, secretary, cashier, or other officer, with the certif…

(a) (1) If an officer who levies, or is required to levy, an execution upon personal property, doubts whether it is subject to execution, he or she may give to the plaintiff therein, or his or her agent or attorney, notice that an indemnifying bond is required.(2) Bond may, there…

(a) (1) The owner of personal estate taken in execution may give to the officer levying on the personal estate an obligation, with good surety, to have the property forthcoming at the time and place of sale, specifying in the obligation each article of property and its value.(2) …

(a) Where an officer has levied upon any goods and chattels, real estate, or other effects, by virtue of any execution, and the term of service of the officer expires and is terminated before or after the sale thereof, and before the purchaser has obtained a deed therefor, the of…

(a) The time and place of sale of real property upon execution, by virtue of a judgment, or order of sale, must be advertised for at least twenty (20) days, next before the day of sale by posting printed advertisements at the courthouse door and five (5) other public places in th…

(a) All property taken in execution by any officer shall be exposed to sale on the day for which it was advertised, between the hours of 9:00 a.m. and 3:00 p.m., publicly, by auction, for ready money, and the highest bidder shall be the purchaser. (b) (1) The sale of real estate …

(a) In all sales of real estate, under execution, when the tract or tracts to be sold contain more than forty (40) acres, the real estate shall be divided as the owner or owners may direct into lots containing not more than forty (40) nor less than twenty (20) acres. The officer …

(a) A sale of lands under a junior judgment shall pass the title of the defendant, subject to the lien of all prior judgments and decrees then in force. (b) The money arising from the sale of lands under a junior judgment shall be applied to the payment of the judgment under whic…

(a) Shares or stock levied upon or seized shall be sold by the officer in the same manner as other personal property is sold under the writ by virtue of which the levy is made. The officer making the sale shall execute and deliver to the purchaser a certificate, which certificate…

(a) (1) In all cases where the right to stay the execution exists and is not exercised, sales under the execution shall be on a credit of three (3) months, upon the purchaser's giving bond and good security to the plaintiff in the execution for the payment of the sale money, bear…

(a) If any person refuses to pay the amount bid for any property struck off to him or her, the officer making the sale may again sell the property to the highest bidder. If any loss is occasioned, the officer may recover the loss by motion before any court or justice of the peace…

No officer to whom any execution may be directed, any of his or her deputies, or any person for them shall purchase any goods and chattels, real estate, or other effects at any sale made by virtue of any such execution. All purchases so made shall be void.

(a) All executions shall be returnable within ninety (90) days from their date. (b) (1) If an execution is satisfied, the officer may return thereon in substance, “satisfied”, unless it is by the sale of the property, then that fact must be stated.(2) If satisfied in part, he or …

(a) Land shall not be levied on or sold under execution from a justice of the peace's court or any court of similar jurisdiction. (b) When an execution on a judgment of a court of similar jurisdiction to the justice of the peace courts has been returned by a constable or other of…

(a) (1) After an execution of fieri facias directed to the county in which the judgment was rendered or to the county of the defendant's residence is returned by the proper officer, either as to the whole or part thereof, in substance, no property found to satisfy the execution, …

(a) In any action in the circuit courts of this state, in which judgment has been rendered against one (1) or more of the parties therein, a party in whose favor the judgment was rendered or his or her successor in interest when that interest appears of record may, in aid of the …

When the purchaser of any goods and chattels pays the purchase money, the officer selling the goods and chattels shall deliver to him or her the property and, if desired, shall execute an instrument in writing at the expense of the purchaser, testifying to the sale and payment of…

(a) The officer who shall sell any real estate or lease of lands for more than three (3) years shall make the purchaser a deed, to be paid for by the purchaser, reciting the names of the parties to the execution, the date when issued, the date of the judgment, order, or decree, a…

The officer who sells any improvement on the public lands of the United States shall, at the expense of the purchaser, execute an instrument in writing reciting the sale, the payment of the purchase money, describing the improvements, and conveying to the purchaser all the right,…

The sheriff shall give the purchaser of any real property, sold upon execution a certificate of sale in which the property sold shall be described and the price for which it is sold stated. The certificate shall be evidence of the purchase at the price stated, and the officer sha…

When any real estate or any interest therein is sold under execution, the real estate or interest therein may be redeemed by the debtor from the purchaser or his or her vendees, or the personal representatives of either, within twelve (12) months thereafter.

The debtor may at any time within twelve (12) months pay to the clerk of the court from which the execution issued the purchase money with fifteen percent (15%) per annum and all lawful charges and take his or her receipt therefor. The money shall be held by the clerk for the use…

(a) At any time before the expiration of twelve (12) months from the sale of any land under the provisions of this subchapter which has not been redeemed, any judgment creditor may redeem the land in the manner set forth in subsection (b) of this section. (b) (1) The judgment cre…

(a) Unless the purchaser, within thirty (30) days from the filing of the statement and the making of the endorsement mentioned in § 16-66-504, pays to the officer the amount so bid by the judgment creditor, the endorsement shall operate as a redemption of the property by the judg…

If any purchaser pays the amount bid by the judgment creditor, the officer shall pay that amount to the judgment creditor, together with the amount paid by the judgment creditor to the officer. The right of redemption shall be in the order of priority of judgment, but if any judg…

(a) After the time for redemption has expired, the sheriff or his or her successor shall convey by deed the property sold under the provisions of this subchapter to the person entitled thereto. (b) Upon the conveyance, the grantee, if possession is not delivered within ten (10) d…

In this subchapter, “foreign judgment” means any judgment, decree, or order of a court of the United States or of any other court which is entitled to full faith and credit in this state.

A copy of any foreign judgment authenticated in accordance with the act of Congress or the statutes of this state may be filed in the office of the clerk of any court of this state having jurisdiction of such an action. The clerk shall treat the foreign judgment in the same manne…

(a) At the time of the filing of the foreign judgment, the judgment creditor or his or her lawyer shall make and file with the clerk of court an affidavit setting forth the name and last known post office address of the judgment debtor, and the judgment creditor. (b) Promptly upo…

(a) If the judgment debtor shows the court that an appeal from the foreign judgment is pending or will be taken, or that a stay of execution has been granted, the court shall stay enforcement of the foreign judgment until the appeal is concluded, the time for appeal expires, or t…

Any person filing a foreign judgment shall pay to the clerk of court the same filing fee that would be paid for the filing of a civil action. Fees for docketing, transcription, or other enforcement proceedings shall be as provided in other civil proceedings in the courts of this …

The right of a judgment creditor to bring an action to enforce his judgment instead of proceeding under this subchapter remains unimpaired.

This subchapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it.