(a) The court may compel the delivery to the county sheriff, for sale, of any of the attached property for which a bond may have been given and may proceed summarily on the bond to enforce the delivery of the property, or the payment of such sums as may be due upon the bond, by rules and attachments as in cases of contempt.
(b)
(1) The sales shall be public, upon such notice, and at such time and place, as the court may direct.
(2) When credits are given, bonds, with security, shall be required and the credit shall not be longer than three (3) months for personal property, and not less than three (3) nor more than twelve (12) months for real property, or on installments equivalent to not more than twelve (12) months' credit on the whole. Upon real property, a lien shall be retained.
(3) The sales shall be subject to the confirmation of the court.
(c) Any surplus of the attached property or its proceeds shall be returned to the defendant.
(d) No order for the sale of real property attached in virtue of the provisions of §§ 16-110-101, 16-110-102, 16-110-105 — 16-110-113, 16-110-115 — 16-110-117, 16-110-119, 16-110-121, 16-110-122, 16-110-126, 16-110-127, 16-110-129, 16-110-131 — 16-110-136, and 16-110-139 shall be made in any action in which the defendant has not appeared or been actually summoned until there has been filed an affidavit of the plaintiff, or of his or her agent or attorney, to the effect that the defendant has no personal property or not enough to satisfy the claim of the plaintiff, in this state, known to the affiant.
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