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§ 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 […]

§ 16-110-402. 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 […]

§ 16-110-410. Discharge of garnishee upon judgment or judgment for plaintiff

(a) If the issue is found for the garnishee, he or she shall be discharged without further proceedings. (b) However, if the issue is found for the plaintiff, judgment shall be entered for the amount due from the garnishee to the defendant in the original judgment, or so much thereof as will be sufficient to […]

§ 16-110-411. Effect of judgment against garnishee

In all cases where judgment shall be rendered against any garnishee on an answer to interrogatories filed, the judgment shall have the effect to release the garnishee from all responsibility in relation to the goods and chattels, moneys, credits, and effects for which the judgment may have been rendered.

§ 16-110-413. Garnishment against state or subdivision of state after judgment

(a) (1) Any indebtedness, goods and chattels, moneys, credits, or effects, except for refunds for overpayment of Arkansas state income tax belonging to a defendant in a civil action and in the hands or possession of the State of Arkansas, or any subdivision thereof, institution, department, or special district or instrumentality of the State of […]

§ 16-110-414. Garnishment against railroad for certain wages after judgment

(a) No garnishment shall be issued by any court in any cause where the sum demanded is two hundred dollars ($200) or less, and where the property sought to be reached is wages due to a defendant by any railroad corporation, until after judgment has been recovered by the plaintiff against the defendant in the […]

§ 16-110-415. Garnishment of wages

(a) Upon the garnishment of salaries, wages, or other compensation due from the employer garnishee, the employer garnishee shall hold, to the extent of the amount due upon the judgment and costs, subject to the order of the court, any nonexempt wages due or which subsequently become due. The judgment or balance due thereon is […]

§ 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 […]

§ 16-110-417. 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 […]