Ark. Code Ann. » Title 18 Chapter 60
Arkansas Code Annotated

Ark. Code Ann. § 18-60-804 (2026)

Petition for recovery of personal property

✓ current as of May 2026
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  1. In all cases in this state wherein a party claims a right of possession of property in the possession of another, the party may apply to the circuit court or the district court for issuance of an order of delivery of the property. The application shall be by petition, signed by the party or his or her attorney, and shall set forth the reasons the issuance of the order of delivery is necessary.
  2. The petition may be presented to the circuit judge, who is empowered to hear it in any county of the district he or she serves, and he or she may issue an order giving notice of hearing to be held in any county in his or her district.
  3. The petition may be brought in the district court at the election of the party so filing, and the district court shall have authority to give notice and hear the petition in the same manner as the circuit court.
  4. If the petition recites facts which, if established by proof, support the existence of a right of possession in the petitioner, an order shall be issued, directing the party against whom the order of delivery is sought to appear before the judge issuing the order and show cause why the order of delivery should not be issued and the property seized and delivered to the petitioner.

History. Acts 1973, No. 144, § 1; A.S.A. 1947, § 34-2119.

Research References

ALR.

Action in Replevin for Recovery of Dog or Cat. 85 A.L.R.6th 429.

U. Ark. Little Rock L. Rev.

Annual Survey of Caselaw, Property Law, 26 U. Ark. Little Rock L. Rev. 965.

Case Notes

Applicability.

Sections 18-60-804 — 18-60-808 do not apply to attachments; they apply only to actions in which the plaintiff claims a right to possession of property in possession of another, which would usually, if not always, be a replevin suit. Hackworth v. First Nat'l Bank, 265 Ark. 668, 580 S.W.2d 465 (1979).

Jurisdiction.

Complaint which alleged that defendant possessed title to a vehicle valued at $3,900 which she obtained under divorce decree and which was being unlawfully detained was a replevin action properly within the jurisdiction of the county circuit court, and, as a consequence, a writ of prohibition did not lie. Bonnell v. Smith, 322 Ark. 141, 908 S.W.2d 74 (1995).

The chancery court had jurisdiction to order the delivery of personal property pledged on a promissory note in an action for foreclosure of real property and replevin of the personal property. Burns v. First Nat'l Bank, 336 Ark. 406, 985 S.W.2d 747 (1999).

Cited: Bank of Yellville v. Scott, 113 B.R. 516 (Bankr. W.D. Ark. 1990).

Notes of Decisions
Cited in 8 cases (2 in the last 5 years), 1990–2026 · leading case: Drug Task Force Etc. v. Hoffman, 114 S.W.3d 213 (Ark. 2003).
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Drug Task Force Etc. v. Hoffman, 114 S.W.3d 213 (Ark. 2003). · cites it 7× “His complaint was premised on Ark. Code Ann. § 18-60-804 (1987), which provides a party a remedy to recover his or her property in the possession of another.”
Austin v. Centerpoint Energy Arkla, 226 S.W.3d 814 (Ark. 2006). · cites it 2× “2 See Ark. Code Ann. § 18-60-804 (1987) (“[i]n all cases.”
Bonnell v. Smith, 908 S.W.2d 74 (Ark. 1995). · cites it 6× “Ark. Code Ann. § 18-60-804 (1987). Section 18-60-804 provides as follows: (a) In all cases .”
Bank of Yellville v. Scott (In Re Scott), 113 B.R. 516 (Bankr. W.D. Ark. 1990). · cites it 2× “§ 4-9-501(1)) and a right to take immediate possession of the collateral without judicial process ( Ark.”
Burns v. First Nat'l Bank, 985 S.W.2d 747 (Ark. 1999). · cites it 2× “Appellant relies on section 18-60-804 and Article 7, section 40, which authorize jurisdiction for actions to recover personal property in circuit court and municipal court.”
Robert Wells v. Timothy Randall, 2026 Ark. App. 187 (Ark. Ct. App. 2026). · cites it 4× “Ark. Code Ann. § 18-60-804 (d) (Repl. 2015).”
Owens v. Samuel (W.D. Ark. 2024). · cites it 2× “1925) (replevin action for return of property—owner may obtain judgment for return of property or if the property cannot be returned, a money judgment for the value of the property); Ark. Code Ann. § 18-60-804 (petition for delivery order); Ark.”
Schmidt v. Stearman, 374 S.W.3d 254 (Ark. Ct. App. 2010). · cites it 2× “These instructions were correct statements of the law as they tracked the statutory language of Ark.Code Ann. §§ 18-60-804(2) and 18-16-101(a) and (b)(1) (Repl.”
— Ark. Code Ann. § 18-60-804(2) — 1 case
Schmidt v. Stearman, 374 S.W.3d 254 (Ark. Ct. App. 2010). “These instructions were correct statements of the law as they tracked the statutory language of Ark.Code Ann. §§ 18-60-804(2) and 18-16-101(a) and (b)(1) (Repl.”
— Ark. Code Ann. § 18-60-804(c) — 1 case
Bonnell v. Smith, 908 S.W.2d 74 (Ark. 1995). “Ark. Code Ann. § 18-60-804 (1987). Section 18-60-804 provides as follows: (a) In all cases .”
— Ark. Code Ann. § 18-60-804(d) — 1 case
Robert Wells v. Timothy Randall, 2026 Ark. App. 187 (Ark. Ct. App. 2026). “Ark. Code Ann. § 18-60-804 (d) (Repl. 2015).”
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