Stricken language would be deleted from and underlined language would be added to present law.
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State of Arkansas 1
95th General Assembly A Bill 2
Regular Session, 2025 HOUSE BILL 1959 3
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By: Representative M. Brown 5
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For An Act To Be Entitled 8
AN ACT TO ABOLISH THE WRIT OF SCIRE FACIAS AND 9
SIMPLIFY THE PROCESS TO REVIVE AN OUTSTANDING 10
JUDGMENT; TO ALLOW A JUDGMENT TO BE REVIVED BY 11
NOTICE; TO AMEND THE LAW CONCERNING THE FEES TO BE 12
CHARGED BY CLERKS OF THE CIRCUIT COURTS; AND FOR 13
OTHER PURPOSES. 14
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Subtitle 17
TO ABOLISH THE WRIT OF SCIRE FACIAS AND 18
SIMPLIFY THE PROCESS TO REVIVE AN 19
OUTSTANDING JUDGMENT; TO ALLOW A 20
JUDGMENT TO BE REVIVED BY NOTICE; AND TO 21
AMEND THE LAW CONCERNING THE FEES TO BE 22
CHARGED BY CLERKS OF THE CIRCUIT COURTS. 23
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 25
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SECTION 1. DO NOT CODIFY. Legislative intent. 27
The General Assembly intends this act to: 28
(1) Abolish the writ of scire facias; and 29
(2) Simplify the process to revive an outstanding judgment. 30
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SECTION 2. Arkansas Code § 16 -65-501 is amended to read as follows: 32
16-65-501. Scire facias Revival of outstanding judgment . 33
(a)(1) The plaintiff judgment creditor or his or her legal 34
representatives at any time before the expiration of the lien of a judgment 35
may sue out a scire facias to revive the judgment file notice that the 36 HB1959
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judgment is still outstanding in accordance with this section to revive the 1
judgment. 2
(2) The notice shall include with respect to the judgment: 3
(A) The names of the judgment debtor and judgment 4
creditor; 5
(B) The name of the court and case number in which the 6
judgment was rendered; 7
(C) The current balance of the judgment after all payments 8
and other credits; and 9
(D) A statement that the judgment creditor intends to 10
maintain the judgment creditor's lien of judgment against any property of the 11
judgment debtor located in the county in which the notice is filed. 12
(b)(1) The scire facias A copy of the notice shall be served on the 13
defendant or his or her legal representatives, terre -tenants, or other person 14
occupying the land, and may be directed to and served in any county in this 15
state judgment debtor via first class mail, postage prepaid, and addressed to 16
the judgment debtor at the judgment debtor's last known address . 17
(c)(1) If the defendant cannot be found, the court shall make an order 18
briefly setting forth the nature of the case and requiring all persons 19
interested to appear on a date set by the court and show cause why the 20
judgment or decree should not be revived and lien continued. 21
(2) A If the current whereabouts of the judgment debtor are 22
unknown such that the judgment debtor cannot be served via first class mail, 23
a copy of the order notice shall be put up for four (4) weeks at the 24
courthouse door of the county in which the judgment or decree may have been 25
rendered. 26
(d) If upon service or publication of the scire facias, as required in 27
subsection (c) of this section, the defendant or any other person interested 28
does not appear and show cause why such judgment or decree shall not be 29
revived, the judgment shall be revived and the lien continued for another 30
period of ten (10) years and so on from time to time as often as may be 31
necessary. 32
(e)(c)(1) If a scire facias is sued out the notice is filed on or 33
before the termination expiration of the lien of any judgment or decree, the 34
lien of the judgment revived shall have relation to the day on which the 35
scire facias issued notice is filed. 36 HB1959
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(f)(2) No scire facias to revive a judgment shall be issued 1
revived except within ten (10) years from the date of the rendition of the 2
judgment, or if the judgment shall have been previously revived, then within 3
ten (10) years from the order of revivor filing of the previous notice . 4
(g)(1) Unless before the expiration of a judgment the notice under 5
subdivision (g)(2) of this section is recorded in the real property records 6
of a county other than the county in which an action under this section is 7
filed: 8
(A) A scire facias to revive the judgment is not effective 9
in the county other than the county in which an action under this section is 10
filed; and 11
(B)(i) A recorded judgment lien may not be revived against 12
real property in the county other than the county in which an action under 13
this section is filed. 14
(ii) This subdivision (g)(1)(B) does not prevent a 15
judgment creditor from registering a judgment or recording a judgment lien in 16
a new county after a judgment is obtained or revived. 17
(2) The notice shall include with respect to the action: 18
(A) The names of the judgment debtors and judgment 19
creditors; 20
(B) The name of the court and case number in which the 21
judgment was rendered; 22
(C) The name of the county in which the petition for a 23
writ of scire facias was filed; 24
(D) The date on which the petition was filed; and 25
(E) A statement that the filing party intends to maintain 26
its judgment lien against any property of the judgment debtor located in the 27
county in which the notice is filed. 28
(d) A judgment that is recorded in the real property records of a 29
county other than the county in which a notice under this section is filed 30
may be revived and the lien continued by recording a copy of the filed 31
notice. 32
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SECTION 3. Arkansas Code § 21 -6-402(b), concerning the fees to be 34
charged by the clerks of the circuit courts, is amended to add an additional 35
subdivision to read as follows: 36 HB1959
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(10) For filing notice of outstanding judgment under § 16 -65-501 1
............. 20.00. 2
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SECTION 4. Arkansas Code § 21 -6-403(a), concerning the uniform filing 4
fees to be charged by the clerks of court, is amended to read as follows: 5
(a)(1) The uniform filing fees to be charged by the clerks of the 6
circuit courts for initiating or reopening a cause of action in the circuit 7
courts in the state shall be as prescribed in this section. 8
(2) A revival of an outstanding judgment under § 16 -65-501 shall 9
not be charged a reopening fee under subdivision (a)(1) of this section. 10
(3) No portion of the filing fees shall be refunded. 11
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