Ark. Code Ann. § 16-65-117 (2026)

Research References

Ark. L. Notes.

Laurence and Circo, An Exchange of Collegial Memoranda on the Attachment of a Judgment Lien to Real Property Subject to a Buy-Sell Agreement, 2006 Arkansas L. Notes 93.

U. Ark. Little Rock L.J.

Legislative Survey, Family Law, 8 U. Ark. Little Rock L.J. 577.

Survey — Debtor-Creditor, 10 U. Ark. Little Rock L.J. 573.

Case Notes

Construction.

This section should be read together and regarded as a statute creating a lien and declaring its terms. Lion Oil & Refining Co. v. Rex Oil Co., 195 Ark. 1021, 115 S.W.2d 556 (1938).

Applicability.

This section does not apply to land of grantor in a deed placed in escrow before judgment. Snow Bros. Hdwe. Co. v. Ellis, 180 Ark. 238, 21 S.W.2d 162 (1929).

Chancery Court.

Money decree in chancery court became a lien upon defendant's real property in the county on the date of rendition. In re Van Meter, 135 F. Supp. 781 (W.D. Ark. 1955).

Complaint.

A complaint does not constitute a lien on land until it is reduced to judgment. Bank of Cave City v. Abstract & Title Co., 38 Ark. App. 65, 828 S.W.2d 852 (1992).

Conveyances.

A judgment is not a lien on land which judgment debtor has conveyed to defraud creditors. Doster v. Manistee Nat'l Bank, 67 Ark. 325, 55 S.W. 137 (1900).

A lien may be fixed by levy of an execution on lands which have been fraudulently conveyed by a debtor, prior to the rendition of the judgment against him. Merchants & Farmers Bank v. Harris, 113 Ark. 100, 167 S.W. 706 (1914).

Where evidence showed that deed from mother to daughter was executed four days after recording of certified copy of judgment against the mother and was executed for purpose of defrauding creditors, the deed could not defeat right of purchaser of land involved at sheriff's sale to obtain possession thereof. Board v. Van Houten, 229 Ark. 168, 313 S.W.2d 843 (1958).

Equitable Estate.

The equitable estate of a judgment-defendant is bound by the lien of the judgment. Cohn v. Hoffman, 50 Ark. 108, 6 S.W. 511 (1887).

Execution.

Mere delay to sue out an execution during the time prescribed by law for the continuance of the judgment-lien would not, of itself, be sufficient to displace the lien; nor would the issuance and return of an execution without action, by order of the plaintiff, discharge the lien, or postpone it, in favor of a subsequent judgment-lien. Shall v. Biscoe, 18 Ark. (5 Barber) 142 (1856).

Where commissioner of revenues obtained judgment on certificate of indebtedness for gasoline taxes but did not procure a writ of scire facias or execution to collect or preserve its judgment, the right of the state to claim a lien was barred after three years (now ten years), since lien is not excepted from the three-year (now ten-year) limitation provided for liens of judgments. Lion Oil & Refining Co. v. Rex Oil Co., 195 Ark. 1021, 115 S.W.2d 556 (1938).

Judgment lien expires within three years after its rendition, unless revived, but judgment creditor may issue an execution on the judgment at any time within ten years after its rendition. Bird v. Kitchens, 215 Ark. 609, 221 S.W.2d 795 (1949), cert. denied, 338 U.S. 892, 70 S. Ct. 241 (1949) (decision prior to 1985 amendment).

A writ of execution or garnishment after a judgment in the circuit or chancery court is issuable only from the court in which the judgment was rendered. McGehee Bank v. Charles W. Greeson & Sons, 223 Ark. 18, 263 S.W.2d 901 (1954).

Homestead.

A homestead of a judgment-defendant is not subject to liens except for certain exceptions to the rule. Davis v. Day, 56 Ark. 156, 19 S.W. 502 (1892).

A debtor may fix his homestead upon any land he may own regardless of his debts and the rights of his creditors if it is done before any lien attaches to the land. Sears v. Setser, 111 Ark. 11, 162 S.W. 1083 (1914).

In a bankruptcy proceeding, where the existence of a lien on a homestead had the detrimental effect of clouding title, thereby preventing a fresh start, the debtors would be allowed to avoid the lien. In re Kellar, 204 B.R. 22 (Bankr. E.D. Ark. 1996).

Through 11 U.S.C.S. § 544(a)(1), the bankruptcy provided Chapter 12 debtors in possession with judgment lien rights under subdivision (a)(1) of this section, but the property was subject to an Ark. Const. Art. 9, § 3, homestead to which such a lien could not attach, thus, avoidance of creditor bank's mortgage was not available under § 544(a)(1). Caine v. First State Bank of Crossett (In re Caine), 462 B.R. 688 (Bankr. W.D. Ark. 2011), aff'd, No. 1:12-CV-1012, 2014 U.S. Dist. LEXIS 43360 (W.D. Ark. Mar. 31, 2014).

Husband and Wife.

Where land was deeded to third party by husband merely as conduit in the title or trustee in conveyance back to husband and wife and the third party was never a bona fide or beneficial owner of the property, judgment against the third party was not a valid lien against the land. West v. Smith, 225 Ark. 365, 282 S.W.2d 597 (1955).

Bank could not pay off amount of deed of trust and claim title, since the interest of the wife in the land, where deed of trust signed only by husband, could not be foreclosed, rather, the excess amount must be accounted for to the court according to equity. Planters Bank & Trust Co. v. Colvin, 264 Ark. 582, 572 S.W.2d 836 (1978).

Inasmuch as a creditor's judgment against a husband became a lien against his interest in land acquired after the entry of the judgment, when the husband conveyed his interest to his wife, her two estates in the land did not merge to defeat the creditor's intervening equity; she, therefore, received his estate in the land subject to the judgment lien. Automotive Supply, Inc. v. Powell, 269 Ark. 255, 599 S.W.2d 735 (1980).

Judgments.

Lien of judgment was not suspended by stay of judgment. Beloate v. New England Sec. Co., 128 Ark. 215, 193 S.W. 795 (1917).

Filing of foreign judgment in office of circuit court of Arkansas county was merely a notice to defendants and prospective grantees that plaintiff had obtained judgment against the defendants and was in the process of enforcing it; however, judgment lien was not acquired by plaintiff against the defendants until default judgment, based on the foreign judgment, was entered by federal court. Bank of Sun Prairie v. Hovig, 218 F. Supp. 769 (W.D. Ark. 1963).

A fine assessed the owner of real property constituted a judgment contemplated by this statute and was a lien on the land making the land subject to sale under execution to satisfy the fine. Hudmon v. Coonfield, 239 Ark. 1063, 396 S.W.2d 296 (1965).

Judgment debtor, which obtained a judgment against a debtor in Texas, and recorded its judgment in the real property records of an Arkansas county, had an enforceable judgment lien against the debtor's real property in that county. United States v. Neal, 255 F.R.D. 638 (W.D. Ark. 2008), aff'd, 391 Fed. Appx. 569 (8th Cir. 2010).

Directed verdict was appropriate, because the judgment debtors did not own the property, and as a matter of law, the company's judgment lien did not attach to the property that was now owned by the current owner; there was no evidence that the judgment debtors owned the property. Buckeye Ret. Co., LLC v. Walter, 2012 Ark. App. 257, 404 S.W.3d 173 (2012).

Circuit court erred in granting a declaratory judgment in favor of a judgment debtor's widow because the foreign judgment that the judgment creditors registered against the debtor was finalized before he died, and thus, the judgment acted as a lien against the debtor's, and now the widow's, real property. Harris v. Temple, 2013 Ark. App. 605 (2013).

Justice of Peace.

A judgment of a justice of the peace must be filed with the circuit clerk of that county before it is filed in another county. Winkler v. Baxter, 114 Ark. 422, 170 S.W. 94 (1914).

Leases.

A judgment is a lien on a reversion in real estate. A judgment becomes a lien on after-acquired lands. Trustees R.E. Bank v. Watson & Hubbard, 13 Ark. (8 English) 74 (1852)Criticized byTrapnall v. Richardson, Waterman & Co., 13 Ark. 543, 58 Am. Dec. 338 (Ark. 1853).

This section does not apply to leaseholds. Munson v. Wade, 174 Ark. 880, 298 S.W. 25 (1927).

A lien does not attach to land but only to the interest that the debtor has in land and any diminution in his interest will diminish his lien, or should interest cease entirely, the lien is extinguished. Snow Bros. Hdwe. Co. v. Ellis, 180 Ark. 238, 21 S.W.2d 162 (1929).

Lessee of recorded oil and gas lease providing that no change of ownership would bind lessee until furnished with written transfer or assignment was not liable for royalty payments made to judgment debtor prior to time he was notified of judgment. Standard Oil Co. v. Craig, 202 Ark. 168, 150 S.W.2d 744 (1941).

Neither the probate court order granting a lien upon the real estate nor the order reviving the lien were construed to do more than recognize that the judgment constituted a lien on the real estate of the owner. Price v. Price, 253 Ark. 1124, 491 S.W.2d 793 (1973).

—Priority.

A judgment lien on land has priority over a mortgage of later date. Trapnall v. Richardson, Waterman & Co., 13 Ark. 543, 58 Am. Dec. 338 (Ark. 1853).

Where a lien antedates a recorded mortgage, the lien is superior to that of a subsequently dated mortgage. Pindall v. Trevor & Colgate, 30 Ark. 249 (1875); Hawkins v. Files, 51 Ark. 417, 11 S.W. 681 (1888).

A lien of a judgment is subject to all valid liens on the property, whether recorded or not. Apperson & Co. v. Burgett, 33 Ark. 328 (1878).

A creditor who first obtains a judgment against his debtor acquires a superior lien on his lands against another creditor who procured a general attachment. Goodard-Peck Grocery Co. v. Adler-Goldman Comm'n Co., 67 Ark. 359, 55 S.W. 136 (1900).

Where judgment creditors caused writs of execution to issue to give their lien priority over mortgage, the court held that liens were junior and inferior to mortgage. First Nat. Bank v. Meriwether Sand & Gravel Co., 188 Ark. 642, 67 S.W.2d 599 (1934).

Prior recorded mortgage has priority over a judgment recorded subsequently, even though mortgagee knew that there was an unrecorded judgment against the mortgagor. Fears v. Futrell, 216 Ark. 122, 224 S.W.2d 362 (1949).

Where plaintiff loans money to a judgment debtor, and takes a mortgage as security, which mortgage is recorded, and thereafter the plaintiff loans the judgment debtor an additional amount, and note states that it is secured by the same property covered by the prior recorded mortgage, and thereafter the judgment is recorded, the note is an equitable mortgage, and takes priority over the recorded judgment. Fears v. Futrell, 216 Ark. 122, 224 S.W.2d 362 (1949).

Certificate of assessment for unpaid unemployment compensation taxes acquired status of judgment when filed in circuit court in accordance with § 11-10-718 and constituted a lien of debtor's realty which was superior to federal government's lien for taxes under F. C. A., tit. 26, § 3670 where state's lien was first in point of time and there was no allegation of insolvency to bring into play the federal priority statute (F. C. A., tit. 31, § 191). Commercial Credit Corp. v. Schwartz, 130 F. Supp. 524 (E.D. Ark. 1955).

A first mortgage lost its priority over a junior lien when the holder of the first mortgage chose not to foreclose, but instead chose to take a “warranty deed in lieu of foreclosure,” and then resold a substantial part of the same real estate to a stranger to the title without taking any action against the holder of the junior lien, resulting in a merger extinguishing the first mortgage debt, and leaving the intervening lien outstanding. Construction Mach. v. Roberts, 307 Ark. 252, 819 S.W.2d 268 (1991).

Partnership.

The interest which a partner holds in a partnership is directly proportioned to the amount he is subject to in a judgment lien on the partnership. Jones, McDowell & Co. v. Fletcher, 42 Ark. 422 (1883).

Recordation of Deed.

A judgment rendered was not prior and paramount to a deed recorded on the same date but executed previously when there was no conspiracy to defraud, and the bona fide purchaser paid a fair price for the land. Tolley v. Wilson, 212 Ark. 163, 205 S.W.2d 177 (1947).

Revival of Judgment.

A scire facias writ was properly issued by the trial court for the revival of a judgment where the ten-year limitation period on the effectiveness of the judgment had not yet run, even though the original judgment lien of 3 years had expired. Burton v. Bank of Tuckerman, 276 Ark. 538, 637 S.W.2d 577 (1982) (decision under prior law).

Tax Sale.

A judgment recovered after judgment-debtor has permitted lands to be sold for taxes and before period allowed by law for redemption from the tax sale has expired is a lien on the interest therein. McNeill v. Carter, 57 Ark. 579, 22 S.W. 94 (1893).

One who purchases the land from the debtor subsequent to the rendition of the judgment takes subject to those liens and does not acquire any new title or right to priority over the judgment lien by redemption from the tax sale. McNeill v. Carter, 57 Ark. 579, 22 S.W. 94 (1893).

Time Limit.

The time limit provided in this section is not a statute of limitation; it is a period of duration. The expiration of a statute of limitation extinguishes a right to enforce a remedy, but it does not extinguish the substantive right itself; the expiration of the statute of duration, however, extinguishes the substantive right itself. Refco, Inc. v. Heinhold Commodities, Inc., 295 Ark. 32, 746 S.W.2d 375 (1988).

—Revival.

Under this section, a lien expires unless it is revived under § 16-65-501. Lien expired pursuant to this section where the judgment creditor did not comply with § 16-65-501, and the mere fact that it was made a party to a lawsuit during the existence of the lien did not in itself prevent the subsequent expiration of the lien. Refco, Inc. v. Heinhold Commodities, Inc., 295 Ark. 32, 746 S.W.2d 375 (1988).

Cited: Ford v. Harrison, 69 Ark. 205, 62 S.W. 59 (1901); Pepin v. Hoover, 205 Ark. 251, 168 S.W.2d 390 (1943); Warren v. Warren, 273 Ark. 528, 623 S.W.2d 813 (1981); Speer v. Speer, 298 Ark. 294, 766 S.W.2d 927 (1989); In re Inmon, 208 B.R. 455 (Bankr. E.D. Ark. 1996); In re Bookout, 231 B.R. 306 (E.D. Ark. 1999); Smith v. Credit Serv. Co., 339 Ark. 41, 2 S.W.3d 69 (1999); Canady v. Petit Jean State Bank, 2015 Ark. App. 313, 463 S.W.3d 328 (2015).