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Current as of March 28, 2024 | Updated by Findlaw Staff
(a) The lienholder shall file with the circuit clerk in the county in which the lienholder is situated a notice under § 18-45-204 to be posted.
(b)(1) The lienholder shall:
(A) Determine the fair market value of the property to be sold; and
(B) File a bond with the circuit clerk in the amount determined under subdivision (b)(1)(A) of this section.
(2) The bond shall be executed by one (1) or more sufficient sureties of the lienholder so that if the circuit court finds that the lienholder wrongfully enforced the lien provided by this subchapter, the surety shall pay to the debtor:
(A) Damages of up to the amount of the bond;
(B) Court costs; and
(C) Any sums of money adjudged against the lienholder in an amount that does not exceed two (2) times the value of the property.
Cite this article: FindLaw.com - Arkansas Code Title 18. Property § 18-45-205. Filing of notice and bond required - last updated March 28, 2024 | https://codes.findlaw.com/ar/title-18-property/ar-code-sect-18-45-205/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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