Ark. Code Ann. § 16-110-407 (2026)
Failure of garnishee to answer
- If any garnishee, after having been duly served with a writ of garnishment, shall neglect or refuse to answer the interrogatories exhibited to him or her, on or before thirty (30) days after service of the writ, the court, upon motion of the plaintiff, may issue a notice to the garnishee, requiring him or her to appear personally at a hearing not later than ten (10) days after receipt of said notice or at such other later date as the court may fix and answer the allegations and interrogatories of the plaintiff. Service of the notice may be made either by the clerk, or by the plaintiff, by any method prescribed by the Arkansas Rules of Civil Procedure for service of notice.
- The court, after hearing and reviewing the evidence and testimony of both parties, may then render judgment against the garnishee in such amount, if any, as the court finds the garnishee held at the time of service of the writ of garnishment, of any goods, chattels, wages, credits and effects belonging to the defendant, not otherwise exempt under state or federal law; together with attorney's fees and such other reasonable expenses incurred by the plaintiff, as the court may deem appropriate under the facts and circumstances.
History. Acts 1889, No. 115, § 9, p. 168; C. & M. Dig., § 4916; Pope's Dig., § 6129; A.S.A. 1947, § 31-512; Acts 1989, No. 463, § 1; 1991, No. 1027, § 1; 2013, No. 229, § 2.
Publisher's Notes. The time for filing pleadings in civil actions is now governed by Ark. R. Civ. P. 12.
Acts 1991, No. 1027, § 2, provided that the act would neither amend nor repeal § 16-110-406.
Amendments. The 2013 amendment substituted “thirty (30)” for “twenty (20)” in (a).
Research References
Ark. L. Rev.
Laurence, The Supreme Court and the Defaulting Garnishee, Redux: An Essay on McCourt Manufacturing Company v. The Credit Bureau of Fort Smith and a Few of Its Predecessors, 49 Ark. L. Rev. 1.
Ark. L. Notes.
Watkins, Procedural Notes from All Over, 1989 Ark. L. Notes 65.
Case Notes
Appeals.
The order ascertaining amount of garnishee's indebtedness is appealable, and subject to supersedeas. Furstenheim v. Adams, 42 Ark. 283 (1883).
Where the garnishee filed an unverified answer signed only by his attorneys, the judgment plaintiff, by filing a denial of such answer and going to trial on the issues thus made, without questioning the lack of verification, is deemed to have waived such defect in the answer and cannot raise the question for the first time on appeal. Bohner v. Faught, 237 Ark. 639, 374 S.W.2d 825 (1964).
Liability upon Default.
The default of the garnishee admits his liability to the full extent of plaintiff's demand, and no proof is necessary to charge him. Wilson v. Phillips, 5 Ark. 183 (1843).
Final judgment may be rendered against a garnishee upon default made by him or when on trial the court finds that he is indebted to the defendant in the original judgment. Wilson v. Overturf, 157 Ark. 385, 248 S.W. 898 (1923).
Oral answer by garnishee to allegations contained in writ of garnishment issued out of a municipal court was held to amount to a failure to answer justifying judgment by default against garnishee. Harmon v. Bell, 204 Ark. 290, 161 S.W.2d 744 (1942).
Where garnishee filed no responsive pleading within the time fixed by statute, judgment was properly rendered against garnishee. Karoley v. A.R. & T. Elecs., Inc., 235 Ark. 609, 363 S.W.2d 120 (1962).
Any recovery to which judgment creditor would be entitled from garnishee because of garnishee's failure to file timely answer to allegations would be limited to the amount alleged by the creditor to be due the debtor by the garnishee. Carter v. Helena Marine Serv., Inc., 251 Ark. 876, 475 S.W.2d 528 (1972).
Employer, as garnishee, was required to withhold only $1,086.37 from the employee's wages under this section and Wash. Rev. Code § 6.27.200 as both parties conceded the proper amount owed to the insurer was $1,086.37, not $11,523.39 listed in the default judgment; to allow the insurer's collection of entire amount owed before reduction would be inequitable. Nationwide Ins. Enter. v. Ibanez, 368 Ark. 432, 246 S.W.3d 883 (2007).
Trial court erred in entering a writ of garnishment against an employer in the amount the employer owed at the time of service of the writ, plus the amount of nonexempt wages earned through the date of judgment, because this section specifically limited a defaulting garnishee's liability to the amount of nonexempt wages held at the time of service of the writ of garnishment. Wal-Mart Stores, Inc. v. D.A.N. Joint Venture III L.P., 374 Ark. 489, 288 S.W.3d 627 (2008).
Cited: O'Connor v. Methodist Hosp., 42 B.R. 390 (Bankr. E.D. Ark. 1984); Woodcock v. First Commercial Bank, 284 Ark. 490, 683 S.W.2d 605 (1985); May v. Bob Hankins Distrib. Co., 301 Ark. 494, 785 S.W.2d 23 (1990); Adams v. Owen, 316 Ark. 99, 870 S.W.2d 741 (1994); McCourt Mfg. Co. v. Credit Bureau, 319 Ark. 23, 888 S.W.2d 650 (1994).