§ 16-66-211 — Claiming exemptions - Schedule of property - Stay of execution - Levy on remainder of property - Appeal

(a) (1) Whenever any resident of this state, upon the issue against him or her for the collection of any debt by contract of any execution or other process, of any attachment except specific attachment against his or her property, desires to claim any of the exemptions provided for by law, he or she shall prepare a schedule, verified by affidavit, of all his or her property. This schedule shall include moneys, rights, credits, and choses in action held by himself or herself or others for him or her and specifying the particular property which he or she claims as exempt under the provisions of the Arkansas Constitution, Article 9. (2) After giving five (5) days' notice in writing to the opposing party or his or her agent or attornery, the resident claiming the exemption shall file the schedule with the judge or clerk issuing the execution or other process or attachment. (3) A hearing shall be ordered by the court or judge issuing the process if, within five (5) days after receiving the notice required to be given by the person claiming the exemption, the party in whose favor the process issued files a request for a hearing with the judge or clerk of the court. (4) If after the hearing, either in open court or by the judge in vacation, the claim of exemption is determined to be valid, then supersedeas shall issue, staying any sale or further proceeding under the execution, process, or attachment against the property described in the schedule, and claimed as exempted, and by returning the property to the defendant. (5) No alias execution shall be levied on property relieved from process by claim of exemption until one (1) year from the date of the filing of the schedule of exemptions. (b) (1) If the debtor has other property than that claimed in any former schedule, the officer shall levy upon that other property. (2) If the debtor desires to claim further exemptions, he shall include all his property in any schedule therefor. (c) If in any such schedule it appears that the debtor has more property in value than is exempt by law, he or she shall select his or her exemptions. The remainder of the property shall be subject to the levy of the execution, whether the property is included in any former schedule or not. (d) An appeal may be taken to the circuit court from any order of judgment rendered by a justice of the peace upon the filing of the affidavit and upon executing the bond required in other cases of appeal.

Legislative History

Acts 1871, No. 58, § 1, p. 285; 1877, No. 53, § 1, p. 53; 1891, No. 3, § 1, p. 2; C. & M. Dig., §§ 5549-5551; Pope's Dig., §§ 7188-7190; Acts 1953, No. 164, § 2, p. 555; 1981, No. 714, § 1; A.S.A. 1947, § 30-209.