Arkansas Code Annotated

Ark. Code Ann. § 16-110-415 (2020)

Garnishment of wages

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  1. Upon the garnishment of salaries, wages, or other compensation due from the employer garnishee, the employer garnishee shall hold, to the extent of the amount due upon the judgment and costs, subject to the order of the court, any nonexempt wages due or which subsequently become due. The judgment or balance due thereon is a lien on salaries, wages, or other compensation due at the time of the service of the execution, or as set out in subsection (b) of this section.
  2. The lien provided for in subsection (a) of this section shall continue as to subsequent earnings until the total amount due upon the judgment and costs is paid or satisfied. The lien on subsequent earnings shall terminate sooner if the employment relationship is terminated or if the underlying judgment is vacated or modified.

History. Acts 1981, No. 794, §§ 1-3; A.S.A. 1947, §§ 31-522 — 31-524; Acts 1991, No. 192, § 1; 1995, No. 276, § 1.

Case Notes

Cited: Thompson v. Bank of Am., 356 Ark. 576, 157 S.W.3d 174 (2004).

Notes of Decisions
Cited in 4 cases, 2001–2008 · leading case: Wal-Mart Stores, Inc. v. D.A.N. Jt. Venture III, L.P., 288 S.W.3d 627 (Ark. 2008).
Wal-Mart Stores, Inc. v. D.A.N. Jt. Venture III, L.P., 288 S.W.3d 627 (Ark. 2008). · cites it 7× “Another statute, Ark. Code Ann. § 16-110-401 (a), provides notice to an employer garnishee that it may be liable for “the amount of non-exempt wages owed the debtor-employee on the date [the employer was] served” if it does not file an answer to the writ of garnishment.”
James v. Planters Bank (In re James), 257 B.R. 673 (B.A.P. 8th Cir. 2001). · cites it 2× “Arkansas garnishment law, similar to the Missouri law examined in Wade, provides that service of a writ of garnishment on the garnishee (Planters) creates a lien in favor of the garnisher, which attaches to wages owing on the date of service and continues “as to subsequent…”
Thompson v. Bank of Am., 157 S.W.3d 174 (Ark. 2004). · cites it 2× “Ark. Code Ann. § 16-110-415 (Supp. 2003).”
Harold James v. Planters Bank, No. 00-6083 (B.A.P. 8th Cir. Jan. 24, 2001). · cites it 2× “” Ark. Code Ann. § 16-110-415 ; W.B. Worthen Co.”
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