§ 16-110-416. Notice to employer garnishee
In any garnishment of salaries, wages, or other compensation due from the employer garnishee, the plaintiff shall include the following notice to the employer garnishee: “NOTICE TO EMPLOYER GARNISHEE” The amount of wages available for withholding for this judgment and costs is subject to certain prior claims. Under Arkansas law, income withholding for child support […]
§ 16-110-401. Grounds
(a) (1) In all cases where any plaintiff may begin an action in any court of record, or before any justice of the peace, or may have obtained a judgment before any of the courts, and the plaintiff shall have reason to believe that any other person is indebted to the defendant or has in […]
§ 16-110-417. Handling costs for withholding
(a) A payor may withhold up to two dollars and fifty cents ($2.50) per pay period in addition to any court-ordered income withholding amount for the administrative cost incurred in each withholding. (b) The income withholding provisions of this section shall not apply to unemployment compensation benefits except to the extent allowed pursuant to the […]
§ 16-110-402. Procedure in issuing writs of garnishment
(a) (1) Upon application for a writ of garnishment by any qualified judgment creditor, the clerk of the court shall attach to the writ of garnishment the following “Notice to Defendant”: (2) As an alternative, the “Notice to Defendant” may be incorporated as a part of the writ of garnishment. (b) (1) (A) A writ […]
§ 16-110-403. Filing of interrogatories
The plaintiff shall, on the day on which he or she sues out his writ of garnishment, prepare and file all the allegations and interrogatories, in writing, with the clerk or justice issuing the writ upon which he or she may be desirous of obtaining the answer of the garnishee touching the goods and chattels, […]
§ 16-110-404. Answers to interrogatories
The garnishee shall, on the return day named in the writ, exhibit and file, under his or her oath, full, direct, and true answers to all such allegations and interrogatories as may have been exhibited against him or her by the plaintiff.
§ 16-110-405. Denial of answer
(a) If the garnishee files his or her answer to the interrogatories exhibited and the plaintiff deems the answers untrue or insufficient, he or she may deny the answer and cause his or her denial to be entered on the record. (b) The court or justice, if neither party requires a jury, shall proceed to […]
§ 16-110-406. Failure of bank to answer
(a) If any garnishee that is a bank, savings bank, or trust company domiciled in this state, after having been served with a writ of garnishment ten (10) days before the return day thereof, shall neglect to answer on or before the return day the writ or any interrogatories which have been exhibited against it, […]
§ 16-110-407. Failure of garnishee to answer
(a) If any garnishee, after having been duly served with a writ of garnishment, shall neglect or refuse to answer the interrogatories exhibited to him or her, on or before thirty (30) days after service of the writ, the court, upon motion of the plaintiff, may issue a notice to the garnishee, requiring him or […]
§ 16-110-408. Discharge of garnishment issued before judgment upon filing of bond by defendant
(a) (1) Whenever a garnishment is issued in any action before judgment, the defendant may have the garnishment discharged and all funds or property of his or hers in the hands of the garnishee released therefrom by filing with the clerk of the court a bond in double the amount for which the garnishment was […]