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Judgments and Enforcement:
Judgments rendered by the courts in the
State of Arkansas are generally enforceable for a period of
ten (10) years, and may be revived if action by scire facias
is taken within the ten (10) years period. (Ark. C.
16-65-501.) A judgment may become a lien on the real
property of the judgment debtor in the county in which the
judgment is rendered, or may become a lien on land in other
counties if a certified copy thereof is filed with the clerk
of that county. (Ark. C. 16-65-117.) Such lien
may also be extended by obtaining a court order. (Ark.
C. 16-65-117, 501.)
A writ of execution of the judgment may be
issued ten (10) days after entry of judgment. (Ark. C.
16-66-103.) All of the non-exempt real or personal
property of a judgment debtor is subject to seizure under
execution. (Ark. C. 16-66-201.) Wages of a
judgment debtor may also be garnished but the first $25.00 per
week of the net wages of a laborer is absolutely exempt (Ark.
C. 16-66-208). A wage garnishment may continue until the
full judgment and costs are paid and satisfied. (Ark. C.
16-110-415).
A judgment by confession is permitted
under the laws of the State of Arkansas (Ark. C. 16-65-301 to
16-65-304.) Such judgment may be entered only upon the
consent of the plaintiff and the personal appearance of the
defendant.
Foreign Judgments:
The State of Arkansas generally adopts the
Uniform Enforcement of Foreign Judgments Act. (Ark. C.
16-66-601 to 16-66-608.) Any judgment, decree or order
of a court of the United States or of any other court is
entitled to full faith and credit in the State of
Arkansas. ( Ark. C. 16-66-601.)
A judgment creditor seeking to enforce a
foreign judgment may file with the appropriate court, an
authenticated copy of the foreign judgment, and an affidavit
showing the name and last known post office address of the
judgment debtor and the judgment creditor. The clerk of
the court and the creditor are required to mail a written
notice of the filing of the foreign judgment to the judgment
debtor at the address given. The notice must include the name
and post office address of the judgment creditor and, if the
judgment creditor has an attorney in this state, the
attorney's name and address. Lack of mailing notice of
filing by the clerk does not affect the enforcement
proceedings if proof of mailing by the judgment creditor has
been filed. A judgment so filed has the same effect and is
subject to the same procedures, defenses, and proceedings for
reopening, vacating, or staying as a judgment of a court of
the State of Arkansas and may be enforced or satisfied in like
manner. (Ark. C. 16-66-602.)
No execution may issue upon the foreign
judgment nor may any other proceeding be taken for its
enforcement until the expiration of 10 days from the date the
judgment is filed. (Ark. C. 16-66-603.)
Interest:
- Legal rate: 6% per annum where no
contract rate is specified. (Ark. Const. Art. 19, Sec.
13.)
Written Contract: For consumer credit
transactions, the maximum interest rate is 5% per annum
above the Federal Reserve Discount Rate at the time the
contract was made, with an absolute cap of 17% per
annum. For transactions not involving consumers, the
maximum rate is 5% per annum above the Federal Reserve
Discount Rate at the time the contract was made. (Ark.
Const. Art. 9, Sec. 13.)
Judgment Rate: 10% per annum or
such rate as specified under the contract, whichever is
greater, and subject to the maximum rate specified under the
Ark. Const. Art. 19, Sec. 13. (Ark. C.
16-65-114.)
Exemption:
In general, a debtor may claim exemption
of his homestead and certain personal property from attachment
and execution of a judgment, or in a bankruptcy proceeding.
The standard exemptions are provided under the Constitution of
Arkansas.
The homestead of any resident of the State
of Arkansas, who is married or the head of a family, are
exempt from any lien of judgment, decree of any court, or to
sale under exectuion or other process thereon, except for
obligations that are for the purchase money or specific liens
against the homestead, laborer's or mechanic's liens for
improvement thereof, or for taxes. If the homestead,
which is the residence of the debtor, is located in any
city, town or village, it is limited to one acre of land
with improvements thereon, and shall not exceed in value the
sum of $2,500. If the homestead is located outside any
city, town or village, it may not exceed one hundred and
sixty acres of land, with the improvements thereon, and shall
not exceed in value the sum of $2,500. (Ark. Const. Art. IX,
Sec. 3 & 4; 16-66-210.)
Personal property exemption permitted
under the Arkansas Constitution include the wearing apparels
of the debtor and his family. If a debtor is not
married, he may select certain personal property, up to the
sum of $200, to be exempt from aany process for the collection
of a debt founded on a contract. The exemption amount is
increased to $500 if the debtor is married or the head of a
family. (Ark. Const. Art. IX, Sec. 1 & 2.)
Statutes Of Limitations:
An action for the recovery of
money or other damages generally must be filed within a
statutory period of time or such action may be barred forever.
Some of the time limitations relevant
to credit and collection matters are as follows:
| Contract not in
writing |
3 years |
Ark. C.
16-56-105 |
| Written contract |
5 years |
Ark. C.
15-56-111 |
| Sale of goods |
4 years |
Ark. C. 4-2-725 |
| Actions no otherwise
provided for under any statutes |
5 years
|
Ark. C.
16-56-115
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