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Arkansas Code Annotated

Ark. Code Ann. § 5-4-204 (2020)

Collection after default

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  1. When a defendant sentenced to pay a fine or costs defaults in the payment of the fine or costs or of any installment, the fine or costs may be collected by any means authorized for the enforcement of a money judgment in a civil action.
  2. A judgment that the defendant pay a fine or costs constitutes a lien on the real property and personal property of the defendant in the same manner and to the same extent as a money judgment in a civil action.

History. Acts 1975, No. 280, § 1104; A.S.A. 1947, § 41-1104.

§5-4-204"> Original Commentary to § 5-4-204

Subsection (a) restates present law by authorizing the collection of fines or costs through civil process. For preexisting law see, Rev. Stat., Ch. 45, § 203 and Criminal Code § 296 indexed as Ark. Stat. Ann. § 43-2404 (Repl. 1964).

Under subsection (b) reference is again made to the civil statutes for the law governing attachment of liens. The earlier rules governing when a judgment to pay a fine or costs constituted a lien on real and personal property were found in Ark. Stat. Ann. § 43-2403 (Repl. 1964). The Commission perceived no reason why the effect on a defendant’s property of a judgment to pay a fine or costs should be any different from the effect generated by a civil judgment. Moreover, § 43-2403 did not fully protect the interests of innocent third parties since it created a lien on real and personal property from the time of arrest rather than the time judgment was entered and created a lien on personal property even though the property was left in the hands of the judgment debtor.

Case Notes

Cited: Wade v. State, 269 Ark. 685, 599 S.W.2d 764 (Ct. App. 1980); Jones v. State, 297 Ark. 485, 763 S.W.2d 81 (1989); Skelton v. City of Atkins, 317 Ark. 28, 875 S.W.2d 504 (1994).

Notes of Decisions
Cited in 2 cases, 1989–1994 · leading case: Skelton v. City of Atkins, 875 S.W.2d 504 (Ark. 1994).
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Skelton v. City of Atkins, 875 S.W.2d 504 (Ark. 1994). · cites it 4× “00 upon which it could collect Cozort’s fines or costs under Ark. Code Ann. § 5-4-204 (Repl. 1993). 1 In sum, Skelton submits that a dispute of a material fact exists as to the ownership of the $805.”
Jones v. State, 763 S.W.2d 81 (Ark. 1989). · cites it 2× “Ark. Code Ann. § 5-4-204 (b) (1987) [Formerly Ark.”
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