Arkansas Code Annotated

Ark. Code Ann. § 16-66-103 (2020)

Execution may issue until collection barred

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An execution may be issued upon a judgment at any time until the collection of it is barred by the statute of limitations, although no execution may have been previously issued within a year and a day.

History. Civil Code, § 436; C. & M. Dig., § 4259; Pope's Dig., § 5271; A.S.A. 1947, § 30-103.

Cross References. Limitation of action on judgment, § 16-56-114.

Case Notes

Judgment Liens.

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).

Justices of the Peace.

Executions cannot issue on judgments of justices of the peace after five years. Trammell v. Anderson, 52 Ark. 176, 12 S.W. 328 (1889).

Running of Statute.

Process may be issued at any time before the enforcement of a judgment is barred and a break in the running of the statute of limitations will constitute the commencement of a new period not only for an action to enforce the judgment but for the issuance of process. Koontz v. La Dow, 133 Ark. 523, 202 S.W. 686 (1918).

The date of payment on a judgment is the time from which a new period of life begins to run. Pepin v. Hoover, 205 Ark. 251, 168 S.W.2d 390 (1943).

Notes of Decisions
Cited in 1 case, 1994–1994 · leading case: Est. of Otto v. Est. Fair, 875 S.W.2d 487 (Ark. 1994).
Est. of Otto v. Est. Fair, 875 S.W.2d 487 (Ark. 1994). · cites it 2× “We stated the reason for the rule to be that a judgment becomes a lien on real estate owned by the defendant in the county where the judgment was rendered from the date of the judgment.”
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