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Arkansas Code Title 16. Practice, Procedure, and Courts § 16-66-104. Form--Notice and service

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

(a) FORM--IN GENERAL. The form of a writ of execution may be in substance as follows:

In the __________ Court of ________________ County, Arkansas

______________________________________________

Plaintiff

(name)

v.

No. ____________

    (number)

______________________________________________

Defendant

(name)
WRIT OF EXECUTION

The State of Arkansas:

To the Sheriff of ____________ County, Greeting:

(name)

    A judgment was entered in this cause on

_________________________________________________,

(month/day)      (year)

in favor of

_________________,

the __________________________,

(name)

(plaintiff/defendant)

and against

_________________,

the __________________________,

(name)

(plaintiff/defendant)

for the principal sum of $ _________________,

costs and disbursements

(amount)

in the sum of $

,

(amount)

and interest on the judgment at the rate of _________________________________________ percent per annum, until paid; and

(APR)

$ __________________________________________________ has been paid and credited on the judgment to the date of this writ,

(Nothing or amount paid)

leaving unpaid thereon the total sum of $________________________, including costs and interest accrued to the date hereof,

(amount)

and interest will accrue after the date of this writ at the rate of $ _____________________________

(daily interest)

per day; all as shown by the docket and files of this cause.

You are commanded to take into your possession from ____________________________________________, the judgment debtor,

(name)

the following described property: _________________________________________________________________

(description of specific property)

If said property is not to be found, then you shall take into your possession monetary amounts in the sum of

$______________________________________, which is the equivalent of the value of said property.

(amount)

You are finally commanded to fully perform this writ, to recover said property or sums, to make return of this writ within the statutory period required by law, and to serve the Notice attached to this writ.

In Witness Whereof, I have set my hand and official seal this _____________________________________

(day)

day of ______________,

________________.

(month)

(year)

_________________________________________________

(Title)

(Seal)”

(b) FORM--VARIANCES. The form of the writ of execution in subsection (a) of this section may be varied to suit each particular case.

(c) NOTICE TO DEFENDANT. Upon application for a writ of execution by a qualified judgment creditor, the clerk of the court shall attach to the writ set forth in subsection (a) of this section the following notice: “NOTICE TO DEFENDANT OF YOUR RIGHT TO CLAIM CERTAIN PROPERTIES AS BEING EXEMPT FROM EXECUTION.

The writ of execution delivered to you with this Notice means that certain properties belonging to you have been executed upon in order to pay a court judgment against you. HOWEVER, YOU MAY BE ABLE TO KEEP YOUR PROPERTY FROM BEING TAKEN, OR TO SUBSTITUTE THE PROPERTY THAT IS TAKEN, SO READ THIS NOTICE CAREFULLY.

State and federal laws say that certain property may not be taken to pay certain types of court judgments. This money or property is said to be ‘exempt’ from execution.

You have the right to petition the court within twenty (20) days to claim an exemption. If your claim of an exemption is contested, the court shall promptly hold a hearing after your claim has been filed. YOU MUST IMMEDIATELY SERVE A COPY OF YOUR CLAIM UPON THE PARTY SEEKING EXECUTION.”

(d) SERVICE AND RETURN OF NOTICE TO DEFENDANT -- MAILING OF COPIES.

(1) The notice to defendant together with a copy of the writ of execution shall be served on the judgment debtor by:

(A) An officer authorized to serve process simultaneously with seizure or levy of property; or

(B) The judgment creditor in the same manner as service of writs or summons before the day the officer authorized to serve process seizes or levies on property of the judgment debtor.

(2) If the judgment creditor mails the writ of execution and the notice to defendant, as provided in subdivision (d)(1)(B) of this section, the mail shall be sent to the last known address of the judgment debtor. However, if the writ and notice are refused, unclaimed, or cannot be delivered by the post office, or if the residence address of the judgment debtor is not discoverable after diligent search, then the writ of execution and the notice to defendant shall be sent first-class mail to the judgment debtor at his or her last known residence address and, if known, his or her last place of employment.

(e) MAILING OF ANNUAL NOTICE. The judgment creditor shall not be required to serve another notice to defendant on the judgment debtor, by mail or otherwise, for future writs of execution on the same debt within one (1) year of the original writ of execution. If further writs of execution on the same debt are filed thereafter, then the notice shall be required to be served by the judgment creditor annually.

(f) CERTIFICATE OF SERVICE STATEMENT. The circuit clerk shall include as a part of the writ of execution a certification statement of the service required in subsection (d) of this section on the judgment debtor. The judgment creditor, or the authorized officer serving the writ, must complete the certificate of service statement by listing the name and address of the judgment debtor and the date of mailing. The statement must be signed by the judgment creditor or his or her attorney.

(g) HEARING. Upon filing a claim of exempt property, a prompt hearing shall be held to determine the validity of the claimed exemptions. Provided, no hearing shall be required and a writ of supersedeas shall issue as to the claimed exemption or exemptions if the judgment creditor files a statement in writing that the judgment debtor's claim of exemption is not contested.

(h) TIME TO CLAIM EXEMPTION. Upon receipt of a writ of execution and notice to defendant, the judgment debtor shall have twenty (20) days from such receipt to file a petition to claim any of the exemptions provided by law.

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Cite this article: FindLaw.com - Arkansas Code Title 16. Practice, Procedure, and Courts § 16-66-104. Form--Notice and service - last updated March 28, 2024 | https://codes.findlaw.com/ar/title-16-practice-procedure-and-courts/ar-code-sect-16-66-104/

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