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Ark. Code Ann. § 16-110-101

Grounds generally for attachment

Applied in 5 court decisions — leading case McCrory v. Johnson (1988)

Most recently applied in Schultz v. Butterball, LLC (April 2012)

Civil Code, § 216; C. & M

How often courts cite this section

1988199020002010201220
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

The plaintiff in a civil action, at or after its commencement, may have an attachment against the property of the defendant, in the cases and upon the grounds stated in this section, as a security for the satisfaction of such judgment as may be recovered:

(1) In an action for the recovery of money, where the action is against a defendant who, or several defendants who, or one (1) of whom: Is a foreign corporation, or nonresident of the state. However, an attachment shall not be granted on the ground that the defendant or defendants, or any of them, is a foreign corporation or nonresident of this state, for any claim other than a debt or demand arising upon contract;

(2) Has been absent therefrom four (4) months;

(3) Has departed from this state, with intent to defraud his or her creditors;

(4) Has left the county of his or her residence to avoid the service of a summons;

(5) So conceals himself or herself that a summons cannot be served upon him or her;

(6) Is about to remove, or has removed, his or her property, or a material part thereof, out of this state, not leaving enough therein to satisfy the plaintiff's claim, or the claim of the defendant's creditors;

(7) Has sold, conveyed, or otherwise disposed of his or her property, or suffered or permitted it to be sold, with the fraudulent intent to cheat, hinder, or delay his or her creditors; or

(8) Is about to sell, convey, or otherwise dispose of his or her property, with such intent.

(9) The cause of attachment mentioned in subdivision (1)(A) of this section against one (1) or more defendants to a civil action shall not authorize an attachment against any of the defendants who are not embraced in subdivision (1)(A) of this section; but the estate or interest of the defendants, only as are embraced therein, shall be subject to attachment; or

(10) In an action to recover possession of personal property, where it has been ordered to be delivered to the plaintiff and where the property, or part thereof, has been disposed of, concealed, or removed, so that the order for its delivery cannot be executed by the officer.

Current official text: Arkansas General Assembly. Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Arkansas statutes; confirm against the official source for the current text. Not legal advice.