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Arkansas Code Title 16. Practice, Procedure, and Courts § 16-110-132. Finding for plaintiff--Sustainment

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

(a) If judgment is rendered in favor of the plaintiff and no affidavit or answer verified by oath by the defendant is filed denying the statements of the affidavit upon which the attachment was issued or motion is made to discharge it, the court shall sustain the attachment.

(b) Upon an attachment being sustained, the property attached, its proceeds, or the securities taken upon the attachment, shall, by appropriate orders, be applied in satisfaction of the judgment.

(c)(1) If judgment is rendered for the plaintiff, the court shall apply in satisfaction thereof:

(A) The moneys arising from the sales of perishable property; and

(B) The proceeds of the debts and funds attached in the hands of the garnishees.

(2) If these are not sufficient to satisfy the plaintiff's claim, the court shall order a sale, by the county sheriff, of any other attached property which may be under its control, in the following order:

(A) Personal property; and

(B) Real property, or so much of it as may be necessary to satisfy the plaintiff's claim.

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Cite this article: FindLaw.com - Arkansas Code Title 16. Practice, Procedure, and Courts § 16-110-132. Finding for plaintiff--Sustainment - last updated March 28, 2024 | https://codes.findlaw.com/ar/title-16-practice-procedure-and-courts/ar-code-sect-16-110-132/

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