Ark. Code Ann. » Title 2 Chapter 07
Arkansas Code Annotated

Ark. Code Ann. § 2-7-302 (2026)

Release before proceedings required — Exceptions

✓ current as of May 2026
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  1. In connection with a secured indebtedness of twenty thousand dollars ($20,000) or more, no proceeding against a farmer shall be commenced to foreclose a mortgage on agricultural property, to terminate a contract for deed to purchase agricultural property, to repossess or foreclose a security interest in agricultural property, to set off or seize an account, moneys, or other asset which is agricultural property, or to enforce any judgment against agricultural property unless the creditor has first obtained a release as provided in this chapter.
  2. An action for attachment or replevin may be commenced without first obtaining a release in those cases provided for under § 16-110-101(1)(A)(vi)-(viii) or § 18-60-807.

History. Acts 1989, No. 829, § 4.

Case Notes

Application.

Trial court did not err in refusing to apply the Arkansas Farm Mediation Act, § 2-7-101 et seq., to an action relating to a writ of execution where a debtor failed to show that this proceeding was in connection with a secured indebtedness. Moreover, he did not make it clear that the loans were secured by real estate, crops, livestock, farm machinery, or other agricultural supplies, as required in the definition of a “farmer.” Looney v. Raby, 100 Ark. App. 326, 268 S.W.3d 345 (2007).

Cited: First Nat'l Bank v. Clinton, 304 Ark. 411, 802 S.W.2d 928 (1991).

Notes of Decisions
Cited in 3 cases, 1991–2013 · leading case: Larry D. Schaefer & Elaine M. Schaefer v. Dale L. Putnam, Putnam Law Off., & SMP, L.L.C., 841 N.W.2d 68 (Iowa 2013).
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Larry D. Schaefer & Elaine M. Schaefer v. Dale L. Putnam, Putnam Law Off., & SMP, L.L.C., 841 N.W.2d 68 (Iowa 2013). “, Ark.Code Ann. § 2-7-302 (West, Westlaw current through 2013 Reg.”
Looney v. Raby, 268 S.W.3d 345 (Ark. Ct. App. 2007). · cites it 4× “Ark. Code Ann. § 2-7-302 (Repl. 1996). In the absence of a release, the creditor must, prior to the commencement of a proceeding, give notice to the farmer that he may request mandatory mediation.”
First Nat'l Bank v. Clinton, 802 S.W.2d 928 (Ark. 1991). · cites it 2× “Under section 4 of the Act, Ark. Code Ann. § 2-7-302 (Supp. 1989), a foreclosure or other similar proceeding which is brought against a farmer and involves $20,000.”
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