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The period during which a judgment is generally enforceable against the debtor is governed by Arkansas Code § 16-56-114 ? the statute of limitations applicable to judgments. It provides for a ten year limitation period after which, unless the period has been extended, further enforcement action is barred.
It states the general rule that the court may, with prior notice to all parties, modify a judgment, decree or order within 90 days of its filing with the clerk to "correct errors or mistakes or to prevent the miscarriage of justice." Revised subdivision (b) expressly states an exception for "clerical mistakes" and ...
A Judgment only lasts for 10 years unless, ing to the Arkansas Supreme Court, the creditor files a post-judgment writ, which then re-news the 10-year period. Traditionally, if a creditor wishes to re-new the original judgment, he must petition the court for a revival of the judgment.
And some states also allow judgment liens on the debtor's personal property -- things like jewelry, art, antiques, and other valuables. In Arkansas, a judgment lien can be attached to real estate only (such as a house, condo, or land).
Execution of judgment: The judgment creditor must obtain a writ of execution and give it to the sheriff. The sheriff then seizes the property of the debtor for sale. The proceeds of the sold property go towards payment of the debt.
Rule 12 - Defenses and Objections; When and How Presented; by Pleading or Motion; Motion for Judgment on The Pleadings (a)When Presented. (1) A defendant shall file his or her answer within 30 days after the service of summons and complaint upon him or her.
If you have trouble collecting the money that the judge has found you are entitled to, there are two possible causes of action available to you: a writ of garnishment and a writ of execution. The writ of garnishment of wages will order an employer to take out a certain amount from the defendant's paycheck.
If the married couple or joint owners of a property do not have a tenancy by the entireties title, any lien can attach to the person's interest in the property. Whether it's judgment or confessed judgment, the lien will attach to the homeowner's interest, making the lienor a co-owner of the property.