Ark. Code Ann. » Title 18 Chapter 44
Arkansas Code Annotated

Ark. Code Ann. § 18-44-127 (2026)

Trial and judgment

✓ current as of May 2026
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  1. The court shall ascertain by a fair trial, in the usual way, the amount of the indebtedness for which the lien is prosecuted and may render judgment therefor in any sum not exceeding the amount claimed in the demand filed with the lien, together with interest and costs, although the creditor may have unintentionally failed to render in his or her account when filed the full amount of credits to which the debtor may have been entitled.
  2. The judgment if for the plaintiff shall be that he or she recover the amount of the indebtedness found due, to be levied out of the property charged with the lien therefor, and the property charged shall be correctly described in the judgment.

History. Acts 1895, No. 146, § 14, p. 217; C. & M. Dig., § 6931; Pope's Dig., § 8893; A.S.A. 1947, § 51-621.

Research References

U. Ark. Little Rock L. Rev.

Annual Survey of Caselaw: Contract Law 27 U. Ark. Little Rock L. Rev. 665.

Case Notes

Priority of Liens.

Until the amount due the lienholder is determined under this section, the lien is not choate so as to have priority over a federal tax lien established subsequent to the filing of the mechanic's or materialmen's lien. United States v. McGehee, 237 Ark. 698, 375 S.W.2d 365 (1964).

Cited: RMP Rentals v. Metroplex, Inc., 356 Ark. 76, 146 S.W.3d 861 (2004); Concrete Wallsystems of Ark., Inc. v. Master Paint Indus. Coating Corp., 95 Ark. App. 21, 233 S.W.3d 157 (2006).

Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 2004–2023 · leading case: RMP RENTALS v. Metroplex, Inc., 146 S.W.3d 861 (Ark. 2004).
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RMP RENTALS v. Metroplex, Inc., 146 S.W.3d 861 (Ark. 2004). · cites it 2× “In granting the judgment, the trial court relied on § 18-44-127(a), which provides that "the court *864 shall ascertain by a fair trial, in the usual way, the amount of the indebtedness for which the lien is prosecuted and may render judgment therefor in any sum not exceeding…”
Concrete Wallsystems of Arkansas, Inc. v. Master Paint Indus. Coating Corp., 233 S.W.3d 157 (Ark. Ct. App. 2006). · cites it 4× “, Ark. Code Ann. § 18-44-127 (Repl. 2003) (providing that a court shall ascertain by fair trial the amount of indebtedness for which the lien is prosecuted and may render judgment), Master Paint could reasonably anticipate being “haled into court” in Arkansas.”
El Dorado Amonia, LLC v. Global Indus., Inc., 2023 Ark. App. 455, 677 S.W.3d 812. · cites it 2× “” Ark. Code Ann. § 18-44-127 (a) (Repl. 2015).”
Ark. Code Ann. § 18-44-127(a): 1 case
RMP RENTALS v. Metroplex, Inc., 146 S.W.3d 861 (Ark. 2004). “In granting the judgment, the trial court relied on § 18-44-127(a), which provides that "the court *864 shall ascertain by a fair trial, in the usual way, the amount of the indebtedness for which the lien is prosecuted and may render judgment therefor in any sum not exceeding…”
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