§ 16-65-501 — Scire facias

Arkansas § 16-65-501

• Jurisdiction: Arkansas
• Title: 16

Text

(a) The plaintiff or his or her legal representatives at any time before the expiration of the lien of a judgment may sue out a scire facias to revive the judgment. (b) The scire facias shall be served on the defendant or his or her legal representatives, terre-tenants, or other person occupying the land, and may be directed to and served in any county in this state. (c) (1) If the defendant cannot be found, the court shall make an order briefly setting forth the nature of the case and requiring all persons interested to appear on a date set by the court and show cause why the judgment or decree should not be revived and lien continued. (2) A copy of the order shall be put up for four (4) weeks at the courthouse door of the county in which the judgment or decree may have been rendered. (d) If upon service or publication of the scire facias, as required in subsection (c) of this section, the defendant or any other person interested does not appear and show cause why such judgment or decree shall not be revived, the judgment shall be revived and the lien continued for another period of ten (10) years and so on from time to time as often as may be necessary. (e) If a scire facias is sued out before the termination of the lien of any judgment or decree, the lien of the judgment revived shall have relation to the day on which the scire facias issued. (f) No scire facias to revive a judgment shall be issued except within ten (10) years from the date of the rendition of the judgment, or if the judgment shall have been previously revived, then within ten (10) years from the order of revivor. (g) (1) Unless before the expiration of a judgment the notice under subdivision (g)(2) of this section is recorded in the real property records of a county other than the county in which an action under this section is filed: (A) A scire facias to revive the judgment is not effective in the county other than the county in which an action under this section is filed; and (B) (i) A recorded judgment lien may not be revived against real property in the county other than the county in which an action under this section is filed. (ii) This subdivision (g)(1)(B) does not prevent a judgment creditor from registering a judgment or recording a judgment lien in a new county after a judgment is obtained or revived. (2) The notice shall include with respect to the action: (A) The names of the judgment debtors and judgment creditors; (B) The name of the court and case number in which the judgment was rendered; (C) The name of the county in which the petition for a writ of scire facias was filed; (D) The date on which the petition was filed; and (E) A statement that the filing party intends to maintain its judgment lien against any property of the judgment debtor located in the county in which the notice is filed.

Legislative History

Rev. Stat., ch. 84, §§ 6-11; Acts 1891, No. 110, § 1, p. 192; C. & M. Dig., §§ 6316-6322; Pope's Dig., §§ 8271-8277; Acts 1983, No. 718, §§ 1, 2; 1985, No. 228, § 2; A.S.A. 1947, §§ 29-601--29-607; Acts 2011, No. 227, § 1.