Detailed Answer
In Arkansas, collecting personal property through an affidavit of collection typically follows the replevin process under Ark. Code Ann. § 16-56-101 et seq. You start by preparing an affidavit, filing it with the circuit court clerk, obtaining a writ, and executing that writ through law enforcement. Below are the step-by-step procedures, statutory references, and best practices to ensure your affidavit is valid and certified.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed attorney for advice on your specific situation.
1. Prepare the Affidavit of Collection (Replevin Affidavit)
The affidavit must include:
- Your name, address, and status (e.g., owner, lienholder).
- A detailed description of the personal property you seek to repossess.
- The facts supporting your right to possession (e.g., unpaid debt, breach of contract).
- The current value or approximate value of the property.
- An assertion that the property is within the county where you file.
This procedure is governed by Ark. Code Ann. § 16-56-103. For full text, see: Ark. Code Ann. § 16-56-103.
2. Notarize the Affidavit
Arkansas law requires that all affidavits be sworn before a notary public. Ensure your notary completes the acknowledgment and affixes the official seal. See Ark. Code Ann. § 21-14-301: Ark. Code Ann. § 21-14-301.
3. File with the Clerk of Circuit Court
Take the notarized affidavit to the circuit court clerk in the county where the property is located. You must also:
- Pay the filing fee set by local rules.
- Post a replevin bond to cover the property’s value and potential damages, per Ark. Code Ann. § 16-56-111: Ark. Code Ann. § 16-56-111.
4. Obtain Certification from the Clerk
Once you file, the clerk issues a writ of replevin and certifies your affidavit. The clerk’s certification includes:
- Court seal or stamp on the affidavit.
- Clerk’s signature and date.
- Writ of replevin directing the sheriff to seize the property.
5. Serve the Writ and Collect the Property
Deliver the certified writ to the county sheriff or certified process server. The officer will:
- Serve a copy of the writ and affidavit on the current possessor.
- Repossess the described property and return it to you or hold it in custody until court resolution.
After seizure, schedule a replevin hearing. At that hearing, the court determines rightful ownership and may award damages or return property to the defendant.
Helpful Hints
- Double-check property descriptions for accuracy and specificity.
- Confirm filing and bond amounts with the local circuit clerk’s office.
- Keep certified copies of all filings and writs for your records.
- Arrange service promptly to avoid delays in property retrieval.
- Attend the replevin hearing with all evidence of ownership and non-payment.