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Arkansas Code Title 16. Practice, Procedure, and Courts § 16-110-111. Execution of attachment order

Current as of March 28, 2024 | Updated by Findlaw Staff

(a) The order of attachment shall be executed by the county sheriff or other officer without delay, in the following manner:

(1) Upon real property by leaving a copy of the order with the occupant thereof or, if there is no occupant, in a conspicuous place thereon;

(2) Upon personal property, capable of manual delivery, by taking it into his or her custody and holding it subject to the order of the court; or

(3) Upon other personal property by delivering a copy of the order, with a notice specifying the property attached, to the person holding the property; or as to a debt or demand, to the person owing it; or as to stock in a corporation, or property held, or a debt or demand owing by it, to the chief officer, or to the secretary, cashier, treasurer, or managing agent thereof, and by summoning the person or corporation to answer as a garnishee in the action. The county sheriff shall deliver copies to and summon such persons as garnishees as the plaintiff may direct.

(b) It shall be the duty of every person mentioned in subdivision (a)(3) of this section, to whom the county sheriff shall apply therefor, to furnish him or her with a certificate of the number of shares of the defendant in the stock of the corporation, a description of the property held by the corporation or person belonging to, or for the benefit of, the defendant, or the amount of the debt owing to the defendant by the corporation or person, whether due or not. A failure to perform this duty may be punished by the court as a contempt.

(c) A county sheriff having an order of attachment, or for the delivery of property, may enter any building or enclosure containing the property, to take it; and, if necessary for this purpose, he or she may break the building or enclosure, having first publicly demanded the property.

(d) The defendant's personal property shall be first taken under an attachment. If enough thereof is not found, then his or her real property shall be taken.

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Cite this article: FindLaw.com - Arkansas Code Title 16. Practice, Procedure, and Courts § 16-110-111. Execution of attachment order - last updated March 28, 2024 | https://codes.findlaw.com/ar/title-16-practice-procedure-and-courts/ar-code-sect-16-110-111/

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