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Home » US Law » 2020 Arkansas Code » Title 18 - Property » Subtitle 4 - Mortgages And Liens » Chapter 43 - Laborers' Liens Generally

§ 18-43-101. Lien for production of labor

All laborers who shall perform work and labor for any person under a written or verbal contract shall have an absolute lien on the production of their labor for the work and labor if unpaid for it.

§ 18-43-102. Lien on object, etc., worked on — Liability of purchasers

(a) (1) Laborers who perform work and labor on any object, thing, material, or property shall have an absolute lien on the object, thing, material, or property for labor done and performed, subject to prior liens and landlord’s liens for rent and supplies. (2) These liens may be enforced within the same time and in […]

§ 18-43-103. Miner’s or quarry worker’s lien

(a) Any person working in any mines in the State of Arkansas or in any quarries, either stone or marble, shall have a lien on the output of any such mines or quarries for the amount due for his or her work. In addition thereto, his or her lien shall attach to all the machinery, […]

§ 18-43-104. Time liens take effect

Liens under the provisions of §§ 18-43-101, 18-43-105 — 18-43-110, and 18-43-112 — 18-43-117 are in full force and effect from and after the time the labor is performed.

§ 18-43-105. Time to commence actions — Settlement

(a) Proceedings under this section and §§ 18-43-101, 18-43-104, 18-43-106 — 18-43-110, and 118-43-112 — 18-43-117 shall be commenced within eight (8) months after the work is done. (b) However, the employer may bring the laborer to settlement before a proper officer any time after the labor is performed by giving the laborer or his […]

§ 18-43-106. Filing of sworn statement

(a) (1) Every person who has a lien as provided in this section and §§ 18-43-101, 18-43-104, 18-43-105, 18-43-107—18-43-110, and 18-43-112—18-43-117 and wishes to avail himself or herself of the lien by an action before a court having jurisdiction. (2) (A) The claimant shall make a sworn statement of the amount due after all just […]

§ 18-43-107. Notice of action

(a) (1) The party initiating the action shall cause notice to be given to the defendant in the usual way. (2) However, if the defendant is a nonresident, the notice will be given by at least two (2) insertions in the county newspaper or by posting three (3) notices, two (2) in the most public […]

§ 18-43-108. Proceedings for larger amounts

When the amount exceeds three hundred dollars ($300), the proceeding will be the same as described for smaller amounts, except the plaintiff shall make a sworn statement before the clerk of the circuit court, and there shall be thirty (30) days’ notice given to the defendant before the day of trial.

§ 18-43-109. Officer to take charge of property

At the same time the notice is given to the defendant, the sheriff or constable shall take charge of the property as described in the statement of the plaintiff and hold it subject to the decision of the court, as in cases of attachment.

§ 18-43-110. Jury trial

Either plaintiff or defendant may, by requesting the court, have the case tried by a competent jury of six (6) persons.

§ 18-43-111. Laborer allowed attorney’s fee

When a laborer who has filed a lien for wages gives notice thereof to the debtor or owner of the property, which has been subjected to the lien in writing sent by registered or certified mail, and the claim has not been paid within twenty (20) days from the date of the mailing and the […]

§ 18-43-112. Sale of property

If the amount adjudged to be due is not paid, with the cost of suit, on the day of trial, then the sheriff or constable shall immediately advertise the property charged for sale at public auction and sell it in not less than fifteen (15) days nor more than twenty-five (25) days from the date […]

§ 18-43-113. Execution on judgment

In all cases in which the property charged does not sell for enough to satisfy the judgment rendered, with all costs of suit, in favor of the claimant, execution may issue upon the judgment in the same manner as an ordinary judgment at law against any other property of the defendant.

§ 18-43-114. Pro rata distribution

(a) When there are several liens for labor on the same land, crop, or property of the same date, or which are equally just, and not enough to satisfy all claims, the sale will be made, the costs paid, and the money divided pro rata among the several claimants. (b) The courts shall make the […]

§ 18-43-116. Land to be sold with buildings

In selling buildings under the provisions of this section and §§ 18-43-101, 18-43-104 — 18-43-110, 18-43-112 — 18-43-115, and 18-43-117, a reasonable amount of land will be sold with them, not to exceed two (2) acres, surrounding the building.

§ 18-43-118. Lien on crops

(a) Every person who harvests agricultural crops belonging to another shall be entitled to a lien against those crops for payment of the cost of harvesting. (b) Every person who sprays fertilizer, pesticides, or herbicides as a custom applicator on the agricultural crops or lands belonging to another shall be entitled to a lien for […]