Title 16, Practice, Procedure, And Courts

All judgments, orders, and decrees rendered in open court by any court of record in the State of Arkansas are effective as to all parties of record from the date rendered and not from the date of entry of record.

The records of all personal judgments rendered in circuit court shall contain the social security number of the judgment debtor unless otherwise prohibited under federal law or the social security number is unavailable.

(a) (1) Judgment shall be rendered summarily against the persons and their securities and for the defaults stated in subsections (b)-(d) of this section.(2) The motion may be made by the party aggrieved or his or her legal representatives against the person in default and his or …

Any person indebted or against whom a cause of action exists may personally appear in a court of competent jurisdiction, and with assent of the creditor or person having the cause of action, confess judgment therefor; whereupon, judgment shall be entered accordingly.

The debt or cause of action shall be briefly stated in the judgment by confession or in a writing to be filed as pleadings in other actions.

A judgment by confession shall authorize the same proceedings for its enforcement as judgments rendered in actions regularly brought and prosecuted.

The confession shall operate as a release of errors.

(a) (1) The judgment creditor or his or her legal representatives at any time before the expiration of the lien of a judgment may file notice that the judgment is still outstanding in accordance with this section to revive the judgment.(2) The notice shall include with respect to…

(a) (1) If one (1) or more plaintiffs in a judgment or decree dies before the judgment or decree is satisfied or carried into effect, the judgment or decree, if for money or concerning personal property, shall survive to the executors or administrators of the deceased party and, …

If any executor or administrator who is a plaintiff or defendant in any judgment or decree dies, resigns, or is dismissed before the judgment or decree is satisfied or carried into effect, the judgment or decree may be revived by or against the administrator in succession in the …

(a) A judgment may be revived against the personal representatives, heirs, and devisees, or any of them, of a deceased defendant by an action in circuit court without verification of the complaint. (b) A judgment or decree may be revived against the representatives of any decease…

Executions may be issued against the surviving defendant and the representatives of the deceased defendants or such of them as are jointly made parties.

When satisfaction of a judgment or decree shall be acknowledged or entered by order of court, when satisfaction shall be made by execution, or when the judgment or decree shall be reversed or set aside, the clerk shall enter in the margin of the judgment book, opposite the judgme…

(a) Whenever the whole judgment shall appear to be satisfied by the return of an execution, it shall be the duty of the clerk to enter in the judgment book, in the space left for that purpose, “satisfied by execution”. (b) (1) Whenever a judgment is satisfied otherwise than upon …

(a) Judgments for the recovery of money may be set off against each other, having due regard to the legal and equitable rights of all persons interested in both judgments. (b) The setoff may be ordered upon motion after reasonable notice to the adverse party, where both judgments…

During the pendency of an action, or while any claim, contract, or other obligation remains unsatisfied or unfulfilled which could be used as a setoff against a prior judgment in favor of the defendants or parties or any of them, the court shall enjoin and stay collection and enf…

An execution may issue on any final judgment order of a court of record, in personam, for a liquidated sum of money and for interest and costs, or for costs alone.

The circuit court of any county in this state in which a judgment rendered by a court of competent jurisdiction in another county of this state has been registered in accordance with the provisions of § 16-65-117(a)-(c) shall have power to issue writs of execution upon any such j…

An execution may be issued upon a judgment at any time until the collection of it is barred by the statute of limitations, although no execution may have been previously issued within a year and a day.

(a) Form — In General. The form of a writ of execution may be in substance as follows: “In the | Court of | County, Arkansas Plaintiff v. No. (number) Defendant WRIT OF EXECUTION The State of Arkansas: To the Sheriff of County, Greeting: A judgment was entered in this cause on in…

Every clerk of the courts of record in this state shall endorse upon every execution issued by him or her the debt, damages, and costs to be recovered before delivery of the execution to the officer by whom it is to be executed.

(a) The death of one (1) or all the plaintiffs shall not prevent an execution being issued thereon. However, on such execution, the clerk shall endorse the death of such of them as are dead and, if all the plaintiffs are dead, the names of the personal representative or last surv…

The death of part only of the defendants shall not prevent execution being issued which, however, shall operate alone on the survivors and their property.

Executions issued upon any judgment, order, or decree rendered in any court of record may be directed to and executed in any county in this state without first procuring an order of the court for that purpose.

Every sheriff or other officer to whom any execution may be delivered shall endorse thereon the hour, day of the month, and year when it came to his or her hands.

If two (2) or more writs of execution come to the hands of the sheriff or another officer to whom execution may be delivered on the same day, the writ of execution which he or she first received shall have priority over the others and shall be executed accordingly.

An execution shall be a lien on the property in any goods or chattels, or the rights or shares in any stock, or on any real estate, to which the lien of the judgment, order, or decree extends or has been determined, from the time the writ shall be delivered to the officer in the …

(a) If an execution is issued and the plaintiff desires to take out another at his or her own proper costs, the clerk may issue the execution, though the previous execution has not been returned. (b) If an execution is returned, in whole or in part, not satisfied, a new one may i…

(a) The first process upon a judgment against any private corporation shall be a fieri facias, which the sheriff or other officer shall levy on the moneys, goods and chattels, and lands and tenements of the corporation, and upon which he or she shall proceed as in other cases. (b…

(a) The clerk shall keep a well-bound book in which he or she shall enter an abstract of all executions issued by him or her or out of his or her office, showing:(1) The date of the execution;(2) The names of the parties;(3) The amount of debt;(4) Damages;(5) Costs;(6) To what of…

(a) Real property may be conveyed by a commissioner appointed by the court when:(1) By the judgment in an action, a party is ordered to convey that property to another; or(2) That property has been sold under a judgment or order of the court and the purchase money paid. (1) By th…

(a) Every bond taken on the sale of property under an order or decree in equity or on the sale of property under execution, and every stay bond and forthcoming bond shall be signed by the principal and sureties and attested by the person taking the bond or someone in his or her p…

(a) Each officer to whom any execution is delivered shall be liable and bound to pay the whole amount of money specified in or endorsed on the execution and directed to be levied if he or she willfully:(1) Neglects or refuses to execute or levy the execution according to law;(2) …

Any sheriff or other law enforcement officer acting reasonably, in good faith, and not in violation of clearly established law, and exercising due care while serving and executing writs of execution shall have immunity from suit and civil liability and shall not be liable for any…

(1) The following described property shall be liable to be seized and sold under any execution upon any judgment, order, or decree of a court of record:(1) All goods and chattels not exempted in this subchapter;(2) All improvements on the public lands of the United States;(3) The…

Whenever a judgment has been recovered against a married woman, the judgment may be enforced by execution against her sole and separate estate or property to the same extent and in the same manner as if she were sole.

(a) Any property, real, personal, or mixed, may be subjected to seizure under execution, garnishment, attachment, or other process, even though the property is subject to mortgage, deed of trust, vendor's lien, conditional sales contract, chattel mortgage, or other lien. Any offi…

Every unexpired lease of lands shall be subject to execution and sale as real estate; but this lease shall not be subject to sale under any execution issued by a justice of the peace.

No property, whether real, personal, or mixed, or effects, credits, choses in action, assets of any description, securities or moneys belonging to the state, either legally or equitably, or the title of which may be in the state, shall be subject to judgment, decree, execution, o…

It is unlawful to levy upon and sell under any execution or decree any improvement, or right of preemption upon the public lands within this state, any law, usage, or custom, to the contrary notwithstanding. However, no other improvement on the public lands, as provided for above…

(a) The clerk and recorder of deeds of the proper county, when any description of the metes and bounds of a family graveyard or public burial place shall be filed in his or her office, shall make a record of the description in the record of deeds, which shall be sufficient to exe…

(a) (1) The wages of all laborers and mechanics not exceeding their wages for sixty (60) days shall be exempt from seizure by garnishment, or other legal process if the defendant in any case files with the court from which the process is issued a sworn statement that the sixty (6…

(a) (1) To the extent permitted by the Arkansas Constitution, all moneys paid or payable to any resident of this state under an insurance policy providing for the payment of life, sick, accident, or disability benefits shall be exempt from liability or seizure under judicial proc…

(a) This section shall be known and may be cited as the “Homestead Exemption Act of 1981”. (b) The homestead of any resident of this state who is married or the head of a family shall not be subject to the lien of any judgment, or decree of any court, or to sale under execution o…

(a) (1) Whenever any resident of this state, upon the issue against him or her for the collection of any debt by contract of any execution or other process, of any attachment except specific attachment against his or her property, desires to claim any of the exemptions provided f…

(a) A debtor's right of homestead shall not be lost or forfeited by his or her omission to select and claim it as exempt before the sale thereof on execution, nor by his or her failure to file a description or schedule of the homestead in the recorder's or clerk's office. (b) The…