§ 16-66-203 — Encumbered property

(a) Any property, real, personal, or mixed, may be subjected to seizure under execution, garnishment, attachment, or other process, even though the property is subject to mortgage, deed of trust, vendor's lien, conditional sales contract, chattel mortgage, or other lien. Any officer authorized by law to execute process, may seize, levy upon, or otherwise take possession of any property, whether real, personal, or mixed, even though there may be a lien against the property, and he or she may sell the property as provided by law. (b) (1) Any prior lienholder or lienholders of any nature whatsoever shall be made a party or parties to the process, by the plaintiff or his or her attorney serving notice upon the lienholder or lienholders. This notice shall be served by any officer authorized to execute process. In the event the lienholder or lienholders are nonresidents of the State of Arkansas, then the plaintiff or his or her attorney shall give notice of the seizure of the property by registered mail to the lienholder or lienholders at their last known address. The return receipt of the lienholder or lienholders, or the affidavit of the plaintiff or his or her attorney, of the compliance with this subsection, shall be filed in the office of the clerk of the court from which the writ of garnishment, attachment, or other process is issued. (2) Any sale made under the provisions of this section shall be made subject to the lienholder's or lienholders' indebtedness. (c) This section shall not be construed to deprive any person or persons of their homestead or personal exemptions as provided by law.

Legislative History

Acts 1953, No. 205, §§ 1, 2; 1959, No. 183, § 1; A.S.A. 1947, §§ 30-219, 30-220.