(a) Each garnishee summoned shall appear. The appearance may be in person or by affidavit of the garnishee filed in court disclosing truly the amount owing by him or her to the defendant, whether due or not, and the property of the defendant in the possession or under the control of the garnishee and, in the case of a corporation, any shares of stock therein held, by or for the benefit of the defendant, at or after the service of the order of attachment.
(b)
(1) Where a garnishee, or officer of a corporation summoned as a garnishee, appears in person, he or she may be examined on oath.
(2) If it is discovered on the examination that, at or after the service of the order of attachment upon him or her, he or she or the corporation was possessed of any property of the defendant or was indebted to the defendant, the court may order the delivery of the property and the payment or security for the payment of the amount owing by the garnishee, into the court, or to such person as it may direct. That person shall give bond, with security for the property or amount owing, or the court may permit the garnishee to retain the property or the amount owing, upon the execution of a bond with one (1) or more sufficient sureties, to the effect that the amount shall be paid or the property shall be forthcoming, as the court may direct.
(3) Performance of these bonds may be summarily enforced by orders and proceedings as in cases of contempt.
(c) The court may, on motion of the plaintiff, compel the appearance in person, and examination, of any garnishee, or officer of a corporation summoned as a garnishee, by process, as in cases of contempt. Where a garnishee makes a default by not appearing, the court may hear proof of any debt or property owing or held by him or her to, or for, the defendant and make such order in relation thereto, as if what is so proved had appeared on the examination of the garnishee.
Structure Arkansas Code
Title 16 - Practice, Procedure, And Courts
Subtitle 7 - Particular Proceedings And Remedies
Chapter 110 - Attachment and Garnishment
Subchapter 1 - General Provisions
§ 16-110-101. Grounds generally for attachment
§ 16-110-102. Garnishment generally
§ 16-110-103. Attachment in tort actions
§ 16-110-104. Attachment before debt due
§ 16-110-106. Order of attachment
§ 16-110-108. Service of orders and processes
§ 16-110-109. Priority of orders of attachment
§ 16-110-110. Issuance of orders of attachments to other counties
§ 16-110-111. Execution of order of attachment generally
§ 16-110-112. Attachment of funds in court
§ 16-110-113. Attachment on joint or common property
§ 16-110-114. Attachment on property claimed by another
§ 16-110-115. Lien of attachment on property of defendant
§ 16-110-116. Property removed from county
§ 16-110-117. Bond of defendant for retention of property
§ 16-110-118. Motion to discharge before term of court
§ 16-110-120. Removal of pending proceedings
§ 16-110-121. Collection, preservation, and sale of property
§ 16-110-122. Bond for restitution of property
§ 16-110-123. Appearance by execution of bond
§ 16-110-124. Defendant's answer by affidavit
§ 16-110-125. Proof by deposition or testimony
§ 16-110-126. Testimony required for insufficient property
§ 16-110-127. Appearance by garnishee
§ 16-110-128. Time for disposition of attachment
§ 16-110-129. Discharge of garnishee
§ 16-110-130. Motion to discharge
§ 16-110-131. Judgment for defendant
§ 16-110-132. Judgment in favor of plaintiff
§ 16-110-133. Judgment against garnishee
§ 16-110-134. Intervention before sale
§ 16-110-135. Repossession of property by county sheriff
§ 16-110-136. Sale of property