Arkansas 2025 Regular Session

Arkansas House Bill HB1959 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	Stricken language would be deleted from and underlined language would be added to present law.
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3	3	State of Arkansas 1
4	4	95th General Assembly A Bill 2
5	5	Regular Session, 2025 HOUSE BILL 1959 3
6	6	4
7	7	By: Representative M. Brown 5
8	8	6
9	9	7
10	10	For An Act To Be Entitled 8
11	11	AN ACT TO ABOLISH THE WRIT OF SCIRE FACIAS AND 9
12	12	SIMPLIFY THE PROCESS TO REVIVE AN OUTSTANDING 10
13	13	JUDGMENT; TO ALLOW A JUDGMENT TO BE REVIVED BY 11
14	14	NOTICE; TO AMEND THE LAW CONCERNING THE FEES TO BE 12
15	15	CHARGED BY CLERKS OF THE CIRCUIT COURTS; AND FOR 13
16	16	OTHER PURPOSES. 14
17	17	15
18	18	16
19	19	Subtitle 17
20	20	TO ABOLISH THE WRIT OF SCIRE FACIAS AND 18
21	21	SIMPLIFY THE PROCESS TO REVIVE AN 19
22	22	OUTSTANDING JUDGMENT; TO ALLOW A 20
23	23	JUDGMENT TO BE REVIVED BY NOTICE; AND TO 21
24	24	AMEND THE LAW CONCERNING THE FEES TO BE 22
25	25	CHARGED BY CLERKS OF THE CIRCUIT COURTS. 23
26	26	24
27	27	BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 25
28	28	26
29	29	SECTION 1. DO NOT CODIFY. Legislative intent. 27
30	30	The General Assembly intends this act to: 28
31	31	(1) Abolish the writ of scire facias; and 29
32	32	(2) Simplify the process to revive an outstanding judgment. 30
33	33	31
34	34	SECTION 2. Arkansas Code § 16 -65-501 is amended to read as follows: 32
35	35	16-65-501. Scire facias Revival of outstanding judgment . 33
36	36	(a)(1) The plaintiff judgment creditor or his or her legal 34
37	37	representatives at any time before the expiration of the lien of a judgment 35
38	38	may sue out a scire facias to revive the judgment file notice that the 36 HB1959
39	39
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41	41	judgment is still outstanding in accordance with this section to revive the 1
42	42	judgment. 2
43	43	(2) The notice shall include with respect to the judgment: 3
44	44	(A) The names of the judgment debtor and judgment 4
45	45	creditor; 5
46	46	(B) The name of the court and case number in which the 6
47	47	judgment was rendered; 7
48	48	(C) The current balance of the judgment after all payments 8
49	49	and other credits; and 9
50	50	(D) A statement that the judgment creditor intends to 10
51	51	maintain the judgment creditor's lien of judgment against any property of the 11
52	52	judgment debtor located in the county in which the notice is filed. 12
53	53	(b)(1) The scire facias A copy of the notice shall be served on the 13
54	54	defendant or his or her legal representatives, terre -tenants, or other person 14
55	55	occupying the land, and may be directed to and served in any county in this 15
56	56	state judgment debtor via first class mail, postage prepaid, and addressed to 16
57	57	the judgment debtor at the judgment debtor's last known address . 17
58	58	(c)(1) If the defendant cannot be found, the court shall make an order 18
59	59	briefly setting forth the nature of the case and requiring all persons 19
60	60	interested to appear on a date set by the court and show cause why the 20
61	61	judgment or decree should not be revived and lien continued. 21
62	62	(2) A If the current whereabouts of the judgment debtor are 22
63	63	unknown such that the judgment debtor cannot be served via first class mail, 23
64	64	a copy of the order notice shall be put up for four (4) weeks at the 24
65	65	courthouse door of the county in which the judgment or decree may have been 25
66	66	rendered. 26
67	67	(d) If upon service or publication of the scire facias, as required in 27
68	68	subsection (c) of this section, the defendant or any other person interested 28
69	69	does not appear and show cause why such judgment or decree shall not be 29
70	70	revived, the judgment shall be revived and the lien continued for another 30
71	71	period of ten (10) years and so on from time to time as often as may be 31
72	72	necessary. 32
73	73	(e)(c)(1) If a scire facias is sued out the notice is filed on or 33
74	74	before the termination expiration of the lien of any judgment or decree, the 34
75	75	lien of the judgment revived shall have relation to the day on which the 35
76	76	scire facias issued notice is filed. 36 HB1959
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79	79	(f)(2) No scire facias to revive a judgment shall be issued 1
80	80	revived except within ten (10) years from the date of the rendition of the 2
81	81	judgment, or if the judgment shall have been previously revived, then within 3
82	82	ten (10) years from the order of revivor filing of the previous notice . 4
83	83	(g)(1) Unless before the expiration of a judgment the notice under 5
84	84	subdivision (g)(2) of this section is recorded in the real property records 6
85	85	of a county other than the county in which an action under this section is 7
86	86	filed: 8
87	87	(A) A scire facias to revive the judgment is not effective 9
88	88	in the county other than the county in which an action under this section is 10
89	89	filed; and 11
90	90	(B)(i) A recorded judgment lien may not be revived against 12
91	91	real property in the county other than the county in which an action under 13
92	92	this section is filed. 14
93	93	(ii) This subdivision (g)(1)(B) does not prevent a 15
94	94	judgment creditor from registering a judgment or recording a judgment lien in 16
95	95	a new county after a judgment is obtained or revived. 17
96	96	(2) The notice shall include with respect to the action: 18
97	97	(A) The names of the judgment debtors and judgment 19
98	98	creditors; 20
99	99	(B) The name of the court and case number in which the 21
100	100	judgment was rendered; 22
101	101	(C) The name of the county in which the petition for a 23
102	102	writ of scire facias was filed; 24
103	103	(D) The date on which the petition was filed; and 25
104	104	(E) A statement that the filing party intends to maintain 26
105	105	its judgment lien against any property of the judgment debtor located in the 27
106	106	county in which the notice is filed. 28
107	107	(d) A judgment that is recorded in the real property records of a 29
108	108	county other than the county in which a notice under this section is filed 30
109	109	may be revived and the lien continued by recording a copy of the filed 31
110	110	notice. 32
111	111	33
112	112	SECTION 3. Arkansas Code § 21 -6-402(b), concerning the fees to be 34
113	113	charged by the clerks of the circuit courts, is amended to add an additional 35
114	114	subdivision to read as follows: 36 HB1959
115	115
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117	117	(10) For filing notice of outstanding judgment under § 16 -65-501 1
118	118	............. 20.00. 2
119	119	3
120	120	SECTION 4. Arkansas Code § 21 -6-403(a), concerning the uniform filing 4
121	121	fees to be charged by the clerks of court, is amended to read as follows: 5
122	122	(a)(1) The uniform filing fees to be charged by the clerks of the 6
123	123	circuit courts for initiating or reopening a cause of action in the circuit 7
124	124	courts in the state shall be as prescribed in this section. 8
125	125	(2) A revival of an outstanding judgment under § 16 -65-501 shall 9
126	126	not be charged a reopening fee under subdivision (a)(1) of this section. 10
127	127	(3) No portion of the filing fees shall be refunded. 11
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