§ 16-66-114 — Execution against corporations - Attachment

Arkansas § 16-66-114

• Jurisdiction: Arkansas
• Title: 16

Text

(a) The first process upon a judgment against any private corporation shall be a fieri facias, which the sheriff or other officer shall levy on the moneys, goods and chattels, and lands and tenements of the corporation, and upon which he or she shall proceed as in other cases. (b) If the sheriff or other officer returns upon any writ of fieri facias that no goods and chattels and lands and tenements can be found whereon to levy or if the property taken is not sufficient to satisfy the judgment, interest, and costs, then upon the application of the plaintiff or his or her attorney, the circuit court shall issue a writ of attachment against the rights and credits of the corporation, reciting the judgment, execution, and return, which shall be directed to the sheriff of the proper county. (c) The attachment shall be executed by summoning as garnishee any person having any moneys or effects belonging to the corporation and any debtor to the corporation who may be found within the county to appear before the circuit court at the return of the writ and answer touching any moneys or effects of the corporation in his or her hands or any debt he or she may owe to the corporation. (d) From the time of making service, all moneys and effects due and owing, payable, or belonging to the corporation shall be bound until the judgment is satisfied. No payment made thereafter to the corporation or other disposition of any debts, moneys, or effects so attached shall be credited to the garnishee making the payment nor shall the stock owned by the person in the corporation be allowed as a setoff. (e) Proceedings against garnishees under the provisions of this section shall be the same as against the garnishees summoned in the case of absent and absconding debtors. However, no judgment shall be rendered against a garnishee for any debt to become due at a future day until after the debt shall become due. (f) For all moneys paid by any garnishee under the provisions of this section, he or she shall have credit against the corporation to whom it is due. (g) If a sufficient sum is not made to satisfy the judgment and costs, other writs of attachment may be issued as provided in this section, from time to time, until the whole is satisfied. (h) If any money remains in the hands of the officer after satisfying the judgment and all costs, he or she shall pay the money to the corporation or its order. (i) Nothing in the provisions of this section shall be so construed as to authorize the sale of any real or personal property belonging to the state or to any county, city, town, borough, or other public or municipal corporation regularly incorporated according to law, by virtue of any execution. Rev. Stat., ch. 33, §§ 7-15; C. & M. Dig., §§ 4274, 4345-4352; Pope's Dig., §§ 5286, 5357-5364; A.S.A. 1947, §§ 30-801 -- 30-809.