Can an Arkansas district court issue a writ of execution? Does a district court judgment automatically become a lien? Can a sheriff execute a writ from a court in another county or another state?

Subject

Twelve questions from Representative John Maddox about Arkansas civil process and writs of execution: who can issue them, when they create liens, what filings are needed to domesticate foreign judgments, and what authority a sheriff has to execute writs from courts inside and outside the sheriff's own county and state. The opinion is a practitioner-grade walkthrough of the writ-of-execution mechanism under Title 16, Chapter 66, with cross-references to UCCJEA child-custody enforcement.

Plain-English summary

A writ of execution is the legal instrument that converts a court judgment into actual property seizure by a sheriff. It commands the sheriff in the county where the debtor's property is located to take the property and apply it to satisfy the judgment. Title 16, Chapter 66 of the Arkansas Code is the master statute. The opinion answers twelve questions about who can issue writs, when they create liens, and how sheriffs handle writs from other jurisdictions.

The big picture is this. Arkansas state district courts are "courts of record" within the meaning of A.C.A. § 16-66-101, which means they have authority to issue writs of execution to enforce their own judgments. The statute that lists courts of record (A.C.A. § 16-10-104) does not name district courts, but the opinion concluded that the structural features of district courts (clerks, seals, contempt power, succession from former municipal courts which were courts of record) make them courts of record for execution purposes. District court clerks, under A.C.A. § 16-17-211(d)(6), are authorized to "[i]ssue and attest all process," which includes writs of execution.

A district court judgment does NOT automatically become a real-property lien. To create a lien on real estate, the judgment creditor must file and index the judgment with the circuit clerk in the county where the real property sits (A.C.A. § 16-65-117). For property in other counties, file a certified copy with the circuit clerk of each such county (A.C.A. § 16-65-117(b)(1)). A judgment never operates as a lien on personal property by itself. Personal-property liens require an actual writ of execution, delivered to the sheriff in the county where the personal property is located (A.C.A. § 16-66-112).

A sheriff can execute a writ of execution from any Arkansas court of record, including a district court, regardless of whether the issuing court is in the sheriff's own county. The only territorial limit is that the sheriff can only seize property located within the sheriff's own jurisdiction (county). A.C.A. § 16-66-109 makes this clear: "Executions issued upon any judgment, order, or decree rendered in any court of record may be directed to and executed in any county in this state without first procuring an order of the court for that purpose." So the judgment creditor does not need to register the underlying judgment in the sheriff's local circuit court before the sheriff acts. Registering creates a lien (an extra layer of protection) but is not a prerequisite for execution.

Once a sheriff receives a writ, the sheriff must execute it within 15 days (A.C.A. § 16-66-118(f)(1)). A sheriff who refuses to accept the writ may be guilty of a misdemeanor and liable for the amount endorsed on the writ (A.C.A. § 16-66-118(g)), with a good-faith immunity for due-care actions (§ 16-66-119). The sheriff is not required (or even permitted) to second-guess whether the writ was properly issued; that is the issuing court's job, with procedural defects challengeable by motion to quash under A.C.A. § 16-66-301(c).

Foreign judgments (from courts of other states) require domestication under the Uniform Enforcement of Foreign Judgments Act (A.C.A. §§ 16-66-601 to -608) before any Arkansas sheriff can be made to enforce them. The domestication process: get an authenticated copy of the foreign judgment per Ark. R. Civ. P. 44(a)(2); file it with the circuit clerk in any Arkansas county where enforcement is sought (A.C.A. § 16-66-603(a)); file an affidavit with the names and addresses of debtor and creditor; the clerk mails notice to the debtor; no execution issues until 10 days have passed (A.C.A. § 16-66-603(c)).

The opinion reports filing fees as of its 2026 publication: $165.00 to file a foreign judgment, $20.00 to issue a writ, and fees that vary by county to register an Arkansas judgment. It cites $8.00 in Pulaski County and $15.00 for the first page plus $5.00 for each additional page in most other counties. The opinion advises checking the court where the filing will be made because fees can change.

For child-custody enforcement under the Uniform Child-Custody Jurisdiction and Enforcement Act (UCCJEA) at A.C.A. § 9-19-201 et seq. and § 9-19-301 et seq., the operative process is a Warrant to Take Physical Custody under § 9-19-311. The sheriff's duty to act is triggered by an Arkansas court issuing the warrant or a writ of assistance, not by a foreign court order or by a request based on a foreign order. A foreign child-custody determination must be domesticated and enforced through an Arkansas court before the Arkansas sheriff can be commanded to act on it.

What this means for you

If you are an Arkansas sheriff

The opinion gives you a clean operating rule. You can execute a writ of execution from any Arkansas court of record (district or circuit, in your county or anywhere else in the state), provided the property to be seized is in your jurisdiction. You do not have authority to question the writ's validity; that is for the issuing court to handle on a motion to quash. The opinion says the sheriff has a duty to execute within 15 days of delivery; a sheriff who refuses to accept a writ may face misdemeanor and monetary liability. It also notes statutory immunity for officers who act reasonably, in good faith, and with due care. For foreign judgments (from another state), only act when an Arkansas court has domesticated the judgment under the UEFJA. For UCCJEA child-custody enforcement, only act on an Arkansas-court warrant or writ of assistance, never on a foreign order standing alone.

If you are a judgment creditor or collection attorney

Three practical points. First, you do not need to register an out-of-county Arkansas judgment with the local circuit court before the sheriff in that county can execute on personal property. You can send the writ issued by the original Arkansas court to that sheriff without registering the judgment locally. The exception is real property: if you want to create a lien on real estate, file with the local circuit clerk under A.C.A. § 16-65-117. Second, district courts are perfectly fine sources for writs of execution. You do not need to bump a district court judgment up to circuit court first. Third, for foreign judgments, the UEFJA process is the only path. You must get an authenticated copy under Rule 44(a)(2), file with affidavit, wait 10 days for the debtor's notice period, and then issue. The opinion conditions issuance on the ten-day waiting period and the absence of challenges to the judgment.

If you are a district court judge or district court clerk

The opinion confirms two important powers. Your court can issue writs of execution to enforce its own judgments (A.C.A. § 16-66-101 read with the structural-court-of-record analysis). Your clerk can issue and attest the writ (A.C.A. § 16-17-211(d)(6)). Before issuing, the clerk must endorse on the writ the "debt, damages, and costs" (A.C.A. § 16-66-105). The form should substantively follow A.C.A. § 16-66-104.

If you are a debtor or have a judgment against you

Two things to know. First, the absence of a lien on your real property does not mean you can sell without consequence. If a judgment creditor has a writ but has not registered the judgment with the circuit clerk in your county, the sheriff may still execute a valid writ issued by the district court. Filing and indexing the judgment creates a real-property lien and, as the opinion explains, protects the creditor if you sell the property before the writ is executed. Second, on personal property, the lien attaches when the writ is delivered to the sheriff (A.C.A. § 16-66-112), not before. The opinion distinguishes that lien from a judgment lien on real property.

If you are a civil litigation attorney handling foreign judgments

The opinion describes these UEFJA filing steps. Authenticate per Rule 44(a)(2) (this is exclusive: the Arkansas Court of Appeals held in Agility Fin. Credit Union v. Largent (2018) that A.C.A. § 16-66-602 was repealed by implication when Rule 44 was adopted, so do not rely on outdated statutory authentication paths). File with the circuit clerk in any Arkansas county where you seek enforcement. File the affidavit with last-known addresses. Pay the $165.00 filing fee. The clerk mails notice (or you mail it and file proof). Then wait 10 days before requesting execution.

If you are handling a UCCJEA child-custody enforcement

The Arkansas sheriff acts only on an Arkansas court order, not a foreign court order. The two paths under the UCCJEA: (a) the petitioner files for enforcement of a foreign custody determination, and the Arkansas court issues a Warrant to Take Physical Custody under § 9-19-311 if there is imminent risk; the warrant directs law enforcement to take physical custody immediately. (b) The local prosecutor under § 9-19-315 may take action to locate the child or enforce the determination, after a finding that the child was wrongfully removed; law enforcement may assist at the prosecutor’s request under § 9-19-316. The opinion says a foreign court order by itself does not command an Arkansas sheriff.

Common questions

Q: Why isn't a district court listed as a court of record in A.C.A. § 16-10-104? A: Section 16-10-104 names the Arkansas Supreme Court, Court of Appeals, and circuit and county courts but is silent on district courts. The opinion concluded the omission was not dispositive: district courts have clerks (A.C.A. § 16-17-211), maintain seals (A.C.A. § 16-10-110(a)), keep records of their proceedings (A.C.A. § 16-17-211(c)), can fine and imprison for misdemeanors (Ark. Const. amend. 80, § 7(B)), and can hold for contempt (A.C.A. § 16-17-133(d)(1); Dowdy (2018)). Plus they replaced municipal courts (Ark. Const. amend. 80, § 19(C)), which were courts of record per Turquette v. State (1927) and prior AG opinions. So they are courts of record for purposes of A.C.A. § 16-66-101.

Q: When does a judgment lien attach to real property?
A: It attaches when the judgment is filed and indexed with the circuit clerk in the county where the property sits (A.C.A. § 16-65-117(a)(1)(A)). For circuit court judgments in the same county, that may happen at judgment entry; for district court judgments and out-of-county circuit judgments, you need a separate filing with the circuit clerk.

Q: When does a lien attach to personal property?
A: When the writ of execution is delivered to the sheriff in the county where the personal property is located (A.C.A. § 16-66-112). A judgment by itself never creates a personal-property lien.

Q: Can a sheriff execute a writ from a court in another state? A: Not directly. The foreign judgment must be domesticated under the UEFJA. Once a foreign judgment is domesticated and an Arkansas court of record issues a writ on it, the sheriff acts on the Arkansas writ.

Q: Why is the Rule 44(a)(2) authentication "exclusive"?
A: Agility Fin. Credit Union v. Largent (2018) held that Ark. R. Civ. P. 44(a)(2) is the exclusive mechanism for authenticating foreign judgments and that A.C.A. § 16-66-602 was repealed by implication. So follow Rule 44(a)(2) precisely; do not rely on the older statutory path.

Q: How much does it cost?
A: The opinion lists $165.00 to file a foreign judgment and $20.00 to issue a writ. It reports that most counties charge $15.00 for the first page and $5.00 for each additional page to register an Arkansas judgment; Pulaski County charged $8.00. It warns that fees vary and can change, so ask the court where you plan to file.

Q: Can the sheriff refuse to execute a writ they think is procedurally defective? A: No. The sheriff is required to execute and is not authorized to second-guess validity. The remedy for a defective writ is for the affected party to petition the issuing court to quash the writ under A.C.A. § 16-66-301(c).

Q: What happens if the sheriff just refuses?
A: A sheriff who refuses to accept a writ may be guilty of a misdemeanor and liable for the amount endorsed on it (A.C.A. § 16-66-118(g)). The opinion also notes immunity for officers who act reasonably, in good faith, and with due care when serving or executing writs (A.C.A. § 16-66-119).

Q: What about civil process for child-custody pickups?
A: The operative document is an Arkansas court Warrant to Take Physical Custody under A.C.A. § 9-19-311. The warrant must explicitly direct law enforcement to take custody immediately. The opinion says the sheriff’s duty arises when the Arkansas court issues that warrant or a writ of assistance; it also discusses assistance requested by a prosecutor under § 9-19-316.

Background and statutory framework

A writ of execution is defined in case law as a court order to the sheriff in the county where the debtor's property is located, commanding the sheriff to take that property to satisfy the judgment (Moory v. Quadras (1998); Campbell v. White (1998)). A.C.A. § 16-66-104 provides a sample form.

A.C.A. § 16-66-101 grants writ-of-execution authority to "any final judgment of a court of record." A "court of record" is one required to keep proceedings records and capable of fining or imprisoning for contempt (Dodrill v. Exec. Dir. (1992)). The statutory list at A.C.A. § 16-10-104 names the Supreme Court, Court of Appeals, circuit courts, and county courts. District courts, though not listed, qualify based on structural features (clerk, seal, contempt power, criminal-misdemeanor jurisdiction with fine and imprisonment, succession from municipal courts).

Issuance procedure: clerk endorses debt/damages/costs on the writ before delivery (§ 16-66-105); writ should follow form in § 16-66-104 and is addressed to the sheriff of the county where the debtor's property is located. Execution can be in any county (A.C.A. § 16-66-109) without a separate court order in the executing county.

Liens. Real property: filing and indexing with the circuit clerk under A.C.A. § 16-65-117 in the county where the property sits creates the lien. Personal property: writ delivery to the sheriff under A.C.A. § 16-66-112 creates the lien.

Foreign judgments: UEFJA at A.C.A. §§ 16-66-601 to -608. Authentication via Ark. R. Civ. P. 44(a)(2) (exclusive: Agility Fin. Credit Union v. Largent (2018)). Domestication file: authenticated copy plus affidavit with debtor/creditor names and addresses (§ 16-66-603(a)). Clerk mails notice or creditor mails with proof (§ 16-66-603(b)). 10-day waiting period before execution (§ 16-66-603(c)). Filing fee equals regular civil action filing fee, $165.00 (§ 16-66-605; § 21-6-403(b)(1) + -416(b)). Writ-of-execution fee: $20.00 (§ 21-6-402(b)(2)).

UCCJEA: A.C.A. § 9-19-311 governs Warrants to Take Physical Custody. The warrant must explicitly direct law enforcement to take custody (§ 9-19-311(c)(2)). Local prosecutor may act to locate or enforce custody under § 9-19-315; law enforcement may assist under § 9-19-316.

Sheriff procedure: 15-day execution deadline (§ 16-66-118(f)(1)), misdemeanor and personal liability for refusal (§ 16-66-118(g)), good-faith immunity (§ 16-66-119). Service of process: sheriff is authorized to serve process in their own county (Ark. R. Civ. P. 4(c)(2)).

Citations and references

Title 16, Chapter 66 (writs of execution and foreign judgments):

• A.C.A. § 16-66-101 (court-of-record requirement)
• A.C.A. § 16-66-104 (form)
• A.C.A. § 16-66-105 (clerk endorsement)
• A.C.A. § 16-66-109 (any-county execution)
• A.C.A. § 16-66-112 (personal property lien on writ delivery)
• A.C.A. § 16-66-118 (sheriff duties and liability)
• A.C.A. § 16-66-119 (good-faith immunity)
• A.C.A. §§ 16-66-601 to -608 (UEFJA)

Judgment liens:

• A.C.A. § 16-65-117 (filing for real-property lien)

District courts:

• A.C.A. § 16-17-211 (district court clerks; powers)

Court structure:

• A.C.A. § 16-10-104 (courts of record)
• A.C.A. § 16-10-110 (court seals)

Child custody:

• A.C.A. § 9-19-311 (Warrant to Take Physical Custody)
• A.C.A. § 9-19-315 (prosecutor authority)
• A.C.A. § 9-19-316 (law enforcement assistance)

Title 21, Chapter 6 (filing fees):

• A.C.A. § 21-6-306(a)(1)(A) (recordable instrument fees)
• A.C.A. § 21-6-402(b)(2) (writ of execution fee)
• A.C.A. § 21-6-403(b)(1), -416(b) (uniform civil filing fee + technology fee)

Constitutional provisions and rules:

• Ark. Const. amend. 80, § 7(B) (district court misdemeanor jurisdiction)
• Ark. Const. amend. 80, § 19(C) (district courts as continuation of municipal courts)
• Ark. R. Civ. P. 44(a)(2) (foreign-judgment authentication)
• Ark. R. Civ. P. 4(c)(2) (sheriff service of process)

Cases:

• Moory v. Quadras, Inc., 333 Ark. 624, 970 S.W.2d 275 (1998)
• Campbell v. White, 294 Ark. 656, 746 S.W.2d 42 (1998)
• Dodrill v. Exec. Dir., 308 Ark. 301, 824 S.W.2d 383 (1992)
• Adamson v. Adamson, 9 Ark. 26 (1848)
• Turquette v. State, 174 Ark. 875, 298 S.W. 15 (1927)
• Henderson v. Dudley, 264 Ark. 697, 574 S.W.2d 658 (1978)
• Arkansas Department of Human Services v. Dowdy, 2018 Ark. 307
• Agility Fin. Credit Union v. Largent, 2018 Ark. App. 358, 552 S.W.3d 471

Prior AG opinions cited:

• Op. 2011-143 (district courts as courts of record under § 16-66-101)
• Op. 2001-133, 92-005, 89-285, 84-215 (municipal courts as courts of record)

Source

• Landing page: https://arkansasag.gov/divisions/opinions-foia/attorney-general-opinions-search/
• Original PDF: https://opinionstorage.blob.core.windows.net/opinions/2025-114.pdf

Original opinion text

Opinion No. 2025-114

March 3, 2026

The Honorable John Maddox
State Representative
520 Church Avenue
Mena, Arkansas 71953

Dear Representative Maddox:

I am writing in response to your request for an opinion on the interpretation of laws concerning civil process and writs in Arkansas, particularly writs of execution. You state that due to the distinct duties and responsibilities sheriffs possess in the State of Arkansas, clarification on these issues is needed.

Against this background, you ask the following 12 questions, each with multiple subparts:

1. Can a district court or district court clerk in Arkansas issue a writ of execution under
   Arkansas law? Is not the issuance of writs of execution under Arkansas law vested with
   the circuit courts and circuit clerks?

   Brief response: State district courts have the authority to issue writs of execution to
   enforce their own judgments. This authority is not vested exclusively in
   circuit courts but extends to any court of record in Arkansas.

2. Does a judgment rendered by a district court in Arkansas constitute a lien on personal
   property or real property? Is a district court judgment required to be recorded with the
   circuit clerk to constitute a lien on the subject personal and real property of the defendant?

   Brief response: A district court judgment does not automatically constitute a lien. To
   create a lien on real property, the judgment must be filed and indexed
   with the circuit court where the real property is located under
   A.C.A. § 16-65-117. To create a lien on personal property, a writ of
   execution must be issued and delivered to the sheriff in the county where
   the personal property is located.

3. May a sheriff lawfully execute a writ of execution issued by a district court or district court
   clerk in his or her own county? What is the process by which a district court judgment is
   filed or recorded in a county with the circuit court clerk or recorder in order to constitute a
   BOB R. BROOKS JR. JUSTICE BUILDING
   101 WEST CAPITOL AVENUE
   LITTLE ROCK, ARKANSAS 72201
   The Honorable John Maddox
   State Representative
   Opinion No. 2025-114
   Page 2

   lien on personal or real property situated in the county where the district court is located?
   May a sheriff lawfully execute on personal or real property situated in his or her county in
   the absence of a judgment being filed or recorded with the circuit court or circuit clerk in
   his or her county? The following questions involve instances where the defendant’s
   personal property and real property [are] located in another county than [the] county in
   which the district court or circuit court wherein the judgment was issued.

   Brief response: A sheriff may lawfully execute a writ of execution issued by a district
   court located in a different county, so long as the property is located
   within the sheriff’s jurisdiction. While recording the judgment with the
   local circuit court is required to create a lien on real estate, it is not a
   prerequisite for the sheriff to execute a valid writ of execution issued by
   the district court and directed to the sheriff.

4. What is the proper procedure for recording or filing a judgment from:

     a) another state?
   
     b) a circuit court of another county in Arkansas?
   
     c) or district court of another county in Arkansas than where the defendant has
        personal or real property situated?
   

   What is the process by which a writ of execution may be issued by the circuit clerk or
   circuit court of the county in which the judgment in (a), (b), or (c) are being recorded and
   where the real or personal property is located?

   Brief response: Foreign judgments must be domesticated under the Uniform
   Enforcement of Foreign Judgments Act, which requires an authenticated
   copy, affidavit, and notice. Judgments from other courts of record in
   Arkansas are registered by filing a certified copy with the circuit clerk.
   Once properly filed, the local circuit clerk may issue a writ of execution.
   A judgment from a circuit court or district court of another Arkansas
   county may be recorded by filing a copy of the judgment with the circuit
   clerk of the county where the defendant’s real or personal property is
   located.

5. What is the filing fee or recordation fee for filing or recording a judgment with the circuit
   clerk recorder for a judgment from another state, from a circuit court of Arkansas of another
   county, or district court in Arkansas of the same or another county? Is tender and payment
   of that fee required? In addition to recording, in order to get a writ of execution issued by
   the circuit court and circuit clerk, must a circuit court case be opened, case number
   assigned, and filing fee paid for commencing a circuit court case have to be fulfilled, to
   The Honorable John Maddox
   State Representative
   Opinion No. 2025-114
   Page 3

   have a judgment of another county able to have a writ of execution issued on property in
   the county? If so, what filing fee is required to be paid to the circuit court clerk?

   Brief response: Fees vary depending on the type of judgment. Filing a foreign judgment
   requires the payment of the regular filing fee for a new action—$165.00.
   Registering an Arkansas judgment typically costs $15.00. The fee to
   issue a writ of execution is $20.00. Payment of these fees is mandatory
   to perform the filings and issue any writs of execution.

6. Is following and fulfilling the process in the answer to (4) and (5) required for the judgment
   (from another state, a circuit court of another county in Arkansas, or district court of
   another county in Arkansas) to constitute a lien on the personal or real property situated in
   the county? Is following and fulfilling the process described in the answer to (4) and (5)
   above required in order for a writ of execution to be issued by the circuit clerk or circuit
   court in the subject county where the personal and real property of the defendant is
   situated?

   Brief response: Compliance with the filing procedures is required for a judgment to
   constitute a lien on real property or for a local circuit court clerk to issue
   a writ of execution. But these steps are not required for a sheriff to
   execute a writ of execution that was validly issued by the original
   Arkansas court of record and delivered to the sheriff.

7. May a sheriff lawfully execute a writ of execution issued by his or her circuit court or
   circuit clerk upon personal or real property of the defendant situated in his or her county in
   the absence of the plaintiff following the process of recording the underlying judgment
   from another state, from a district court, or from a circuit court of another county as
   described in the answers to (4) and (5) above? In the absence of a writ of execution issued
   by his or her own circuit court or circuit clerk?

   Brief response: A sheriff generally has a duty to execute a writ delivered to him or her
   by an Arkansas court of record. The sheriff is neither required nor
   permitted to independently determine whether the writ of execution was
   validly issued or whether it suffers from any procedural defects. A sheriff
   is not legally obligated to execute a foreign judgment until it has been
   domesticated by an Arkansas court of record.

8. May a sheriff lawfully execute a writ of execution issued by a district court or district court
   clerk located outside [of] his or her own county, in another jurisdiction?

   Brief response: Yes, a sheriff may lawfully execute a writ of execution issued by a
   district court located in another county, provided the property to be
   seized is located within the sheriff’s own jurisdiction.
   The Honorable John Maddox
   State Representative
   Opinion No. 2025-114
   Page 4

9. May a sheriff lawfully execute a writ of execution issued by a circuit court or circuit court
   clerk located outside [of] his or her own county, in another jurisdiction?

   Brief response: Yes, a sheriff may lawfully execute a writ of execution issued by a circuit
   court located in another county, provided the property to be seized is
   located within the sheriff’s own jurisdiction.

10. Are plaintiffs required to record the judgment of another state, or another circuit court, or
    another district court with the circuit clerk recorder as described in the answers to (4) and
    (5) above? And have a writ of execution issued by the circuit court or circuit clerk where
    the personal property, real property, and sheriff are situated as described in the answers to
    (4), (5), and (6) above?

    Brief response: No. While registering the judgment locally is necessary to create a lien
    on real property and to obtain a writ of execution from the local circuit
    court, it is not required for the sheriff to execute a writ of execution issued
    by the original Arkansas court of record.

11. What civil process does the law set forth in A.C.A. § 9-19-201 et seq. or A.C.A. § 9-19-301
    et seq. for sheriffs to be given notice and to have an obligation to enforce a civil order to
    take physical custody of a child in Arkansas? Does not the obligation arise from a circuit
    court in Arkansas undertaking jurisdiction and directing the sheriff?

    Brief response: The primary process is a Warrant to Take Physical Custody issued by an
    Arkansas circuit court under A.C.A. § 9-19-311. The sheriff’s obligation
    arises only when an Arkansas court issues this specific warrant or a
    similar writ of assistance, not merely upon a request based on a foreign
    order.

12. Do sheriffs in Arkansas have any authority, duty, or responsibility to serve or execute the
    civil process or civil orders of municipal, district, or circuit court orders of another state?
    What is the process for sheriffs when a child-custody determination ordered by a court of
    another state is not registered in and [brought] before an Arkansas court and the petitioner
    seeks enforcement? Does not the obligation of the sheriff arise from an Arkansas or local
    circuit court undertaking jurisdiction and directing the sheriff?

    Brief response: An Arkansas sheriff’s authority is derived from Arkansas court orders.
    A foreign child-custody determination must be registered and enforced
    through an Arkansas court. The sheriff acts upon the order or warrant
    issued by the Arkansas judge, not the foreign order alone.
    The Honorable John Maddox
    State Representative
    Opinion No. 2025-114
    Page 5

DISCUSSION

To better understand the answers that follow, it is helpful to first review the general principles of Arkansas law governing writs of execution. A writ of execution “is an order to the sheriff of the county in which property of the judgment debtor is located commanding the sheriff to take property of the judgment debtor so as to obtain a stated sum of money for the judgment creditor.”1 Title 16, Chapter 66 of the Arkansas Code governs the execution of judgments.2

1. State courts of record. A writ of execution may issue on any final judgment of a court of
   record.3 A court of record is one “that is required to keep a record of its proceedings, and that may fine or imprison” for contempt.4 Arkansas law expressly identifies the Arkansas Supreme Court, Court of Appeals, and all circuit and county courts as courts of record.5 Several questions below turn on whether a state district court qualifies as a court of record for purposes of A.C.A. § 16-66-101. Section 16-10-104 does not list district courts. But that omission does not resolve whether state district courts are courts of record within the meaning of the execution statute. This Office has previously opined that Arkansas district courts are courts of record within the meaning of A.C.A. § 16-66-101.6 The statutory and structural characteristics of state district courts support that conclusion.

District court clerks must “keep a fair record of all the acts done and proceedings had in the court and … enter all judgments of the court, under the direction of the judge.”7 District courts have jurisdiction, concurrently with circuit courts, over misdemeanors.8 A person convicted of a

1
David Newbern et al., Execution, 2 Arkansas Civil Prac. & Proc. § 33:1 (5th Ed.); A.C.A. § 16-66-104 (providing a form that may be varied as a particular case requires). See also Moory v. Quadras, Inc., 333 Ark. 624, 628, 970 S.W.2d 275, 276 (1998) (“A writ of execution is … a command to the sheriff to take into possession property of the judgment debtor.”); Campbell v. White, 294 Ark. 656, 658, 746 S.W.2d 42, 43 (1998) (“A ‘writ of execution’ … evidence[es] the debt of the defendant to the plaintiff and command[s] the officer to take the property of the defendant in satisfaction of the debt.”); Ark. Att’y Gen. Op. 2011-143. 2 A.C.A. §§ 16-66-101 to -619.
3
A.C.A. § 16-66-101.
4
Dodrill v. Exec. Dir., 308 Ark. 301, 306, 824 S.W.2d 383, 385 (1992) (quoting Black’s Law Dictionary, 353 (6th ed. 1990)). 5 A.C.A. § 16-10-104.
6
Ark. Att’y Gen. Op. 2011-143 (opining that Arkansas district courts were courts of record, within the meaning of A.C.A. § 16-66-101). 7 A.C.A. § 16-17-211(c).
8
Ark. Const. amend 80, § 7(B).
The Honorable John Maddox
State Representative
Opinion No. 2025-114
Page 6

misdemeanor may be fined or imprisoned.9 District courts have the authority to hold individuals in contempt.10

When a court has both a clerk and seal, a presumption arises that it is a court of record.11 Arkansas district courts have clerks and must maintain seals.12 Finally, district courts replaced municipal courts and are regarded as a continuation of those courts.13 This Office has consistently opined that municipal courts were courts of record.14 Thus, it is my view that a district court is a court of record within the meaning of A.C.A. § 16-66-101 and has the authority to issue writs of execution.

2. Issuing writs. When a writ of execution is issued, it should substantively follow the form found
   in A.C.A. § 16-66-104 and be addressed from the issuing court to the sheriff of the county where the judgment debtor maintains real or personal property.15

Before a writ of execution can be issued by the court clerk of the court of record, the court clerk must first endorse on the writ of execution the “debt, damages, and costs to be recovered before delivery of the execution to the officer by whom it is to be executed.”16

3. Direction of writ to sheriff. A writ of execution may be issued by any court of record in
   Arkansas and directed to the sheriff of any county in Arkansas. This does not require the underlying judgment to be registered in the sheriff’s home county first, nor does it require the sheriff’s home county to issue its own writ of execution.17 But if a judgment creditor wishes to obtain a writ of execution from the circuit court in the county where the judgment debtor has real or personal property, the judgment creditor may register the underlying judgment following the

9
A.C.A. §§ 5-4-201(b), 5-4-401(b).
10
A.C.A. § 16-17-133(d)(1) (statutory authority to find a juvenile in contempt and order the juvenile to be committed for a period not to exceed 10 days); Arkansas Department of Human Services v. Dowdy, 2018 Ark. 307, at 9, S.W.3d 847, 853 (a court has inherent power to punish contemptuous behavior committed in its presence, without regard to the restrictions imposed by § 16-10-108(a)). See also Turquette v. State, 174 Ark. 875, 298 S.W. 15, 17 (1927) (holding that municipal courts (the precursors to district courts) were courts of record, and thus had the same power to punish for contempt as other courts of record). 11 Adamson v. Adamson, 9 Ark. 26 (1848).
12
A.C.A. §§ 16-10-110(a), 16-17-211.
13
Ark. Const. amend 80, § 19(C).
14
Ark. Att’y Gen. Ops. 2001-133, 92-005, 89-285, 84-215.
15
A.C.A. § 16-66-104(a).
16
Id. § 16-66-105.
17
Id. § 16-66-109.
The Honorable John Maddox
State Representative
Opinion No. 2025-114
Page 7

steps laid out in A.C.A. § 16-65-117. Once registered, the local circuit court has the authority to issue its own writ of execution under A.C.A. § 16-66-102.

Once the writ of execution is delivered to the sheriff, it is the sheriff’s duty to execute the writ within 15 days of its delivery.18 A sheriff who refuses to accept the writ of execution may be guilty of a misdemeanor and liable to the aggrieved party for the money endorsed on the writ. 19 But sheriffs and other law enforcement officers have immunity when, acting reasonably and in good faith, they exercise due care with serving and executing writs of execution.20

4. Liens. A writ of execution acts as a lien on real and personal property once it is “delivered to
   the officer in the proper county to be executed.”21 For real property, a judgment may operate as a lien, even before a writ of execution has been delivered.22

Judgments issued from other states may be enforced in Arkansas by following the requirements of the Uniform Enforcement of Foreign Judgments Act, discussed in more detail below.23

With this general understanding, I turn to your specific questions.

Question 1: Can a district court or district court clerk in Arkansas issue a writ of execution under Arkansas law? Is not the issuance of writs of execution under Arkansas law vested with the circuit courts and circuit clerks?

A district court, as a court of record within the meaning of A.C.A. § 16-66-101, may issue a writ of execution to enforce its own judgments.24 As explained in Section 1 of the Discussion, a state district court is a court of record. Thus, it has the authority to issue a writ of execution.

In addition, A.C.A. § 16-17-211(d)(6) expressly authorizes district court clerks to “[i]ssue and attest all process.” Arkansas courts have held that “[p]rocess … is a comprehensive term which includes all writs … issued during the progress of an action, even those used to carry a judgment

18
Id. § 16-66-118(f)(1).
19
Id. § 16-66-118(g).
20
Id. § 16-66-119.
21
Id. § 16-66-112.
22
Id. § 16-65-117(a)(1)(A).
23
Id. §§ 16-66-601 to -608.
24
Id. § 16-66-101.
The Honorable John Maddox
State Representative
Opinion No. 2025-114
Page 8

into effect ….”25 Thus, a district court clerk is authorized to issue writs of execution to enforce judgments rendered by the clerk’s district court.

Question 2: Does a judgment rendered by a district court in Arkansas constitute a lien on personal property or real property? Is a district court judgment required to be recorded with the circuit clerk to constitute a lien on the subject personal and real property of the defendant?

A judgment rendered by a state district court does not automatically constitute a lien on real property. Under A.C.A. § 16-65-117(a)(1)(A), a district court judgment “shall not be a lien on the real estate owned by the defendant in the county in which the judgment was rendered until the judgment has been filed and indexed in the judgment records of the circuit court clerk in the county in which the judgment was rendered.” Thus, filing and indexing with the circuit court is required to create a lien on real property stemming from a state district court judgment, even in the county where the district court rendered its judgment.

In any other county, a certified copy of the judgment must be filed with the circuit clerk of the county in which the real property lies before a lien will attach.26

In contrast, a judgment, whether from a state district court or otherwise, never operates as a lien on personal property. As explained in Section 4 of the Discussion, a writ of execution acts as a lien on personal property once delivered to the sheriff in the county where the personal property is located.27

Question 3: May a sheriff lawfully execute a writ of execution issued by a district court or district court clerk in his or her own county? What is the process by which a district court judgment is filed or recorded in a county with the circuit clerk or recorder in order to constitute a lien on personal or real property situated in the county where the district court is located? May a sheriff lawfully execute on personal or real property situated in his or her county in the absence of a judgment being filed or recorded with the circuit clerk in his or her county? And in the absence of a writ of execution issued by the circuit court or circuit clerk in his or her county? The following questions involve instances where the defendant’s personal property and real property
[are] located in another county than the county in which the district court or circuit court wherein the judgment was issued.

A sheriff may lawfully execute a writ of execution issued by any court of record in Arkansas, including a district court, even if that writ of execution was not issued by the district court or circuit court in the sheriff’s own county.28 As explained in Section 4 of the Discussion and in my response 25 Henderson v. Dudley, 264 Ark. 697, 709, 574 S.W.2d 658, 665 (1978).
26
A.C.A. § 16-65-117(b)(1).
27
Id. § 16-66-112.
28
Id. § 16-66-109.
The Honorable John Maddox
State Representative
Opinion No. 2025-114
Page 9

to Question 2, the process for filing a district court judgment in the circuit court so that the judgment may operate as a lien is outlined in A.C.A. § 16-65-117.

But even if the judgment creditor does not file the district court judgment with the circuit court to create a lien on real property, the sheriff may still lawfully execute a writ of execution received from the district court, including when the issuing court is in a different county.29 Filing the judgment to create a lien simply provides another layer of protection for the judgment creditor by preventing the judgment debtor from selling the real property to a third party before the writ can be executed.30 It is not a prerequisite for the sheriff to execute the writ.

Likewise, there is no requirement for a judgment creditor to request a writ of execution from the circuit court where the real property or personal property is located. As A.C.A. § 16-66-109 makes clear “[e]xecutions issued upon any judgment, order, or decree rendered in any court of record may be directed to and executed in any county in this state without first procuring an order of the court for that purpose.” Thus, the judgment creditor is not required to secure a new writ of execution from the sheriff’s local circuit court in order to have the sheriff execute the writ of execution issued by a district court, whether the court is located within the sheriff’s county or a different county in Arkansas.

Question 4: What is the proper procedure for recording or filing a judgment from:
a) another state?
b) a circuit court of another county in Arkansas?
c) or district court of another county in Arkansas than where the defendant has personal or real property situated?

What is the process by which a writ of execution may be issued by the circuit clerk or circuit court of the county in which the judgment in (a), (b) or (c) are being recorded and where the real or personal property is located?

Judgments issued by other states may be enforced in Arkansas by following the requirements of the Uniform Enforcement of Foreign Judgments Act.31 A person seeking to enforce a foreign judgment under the Act must:

29
Id. §§ 16-66-101, -109.
30
Id. §§ 16-66-109, 16-66-201(6).
31
Id. §§ 16-66-601 to -608.
The Honorable John Maddox
State Representative
Opinion No. 2025-114
Page 10

1. Obtain an authenticated copy of the foreign judgment, strictly following the requirements of Ark. R. Civ. P. 44(a)(2).32

2. File the authenticated copy with the circuit clerk of any county in Arkansas where the individual or entity wishes to enforce the judgment (typically the county where the debtor or the debtor’s property is located).33

3. File an affidavit stating the name and last known post office address of both the judgment debtor and the judgment creditor.34

After filing, the circuit clerk must mail notice of the filing to the judgment debtor. The creditor may also mail the notice and file proof of mailing.35 No execution will be issued until ten days after the judgment is filed.36

Once the ten-day period has expired, and assuming no challenges were made to the validity of the foreign judgment, the writ may be issued and executed in the same manner as any other writ.

As outlined in A.C.A. § 16-66-109, the writ of execution may be directed to any sheriff in the state for execution. Thus, there is no requirement to file a circuit court or district court judgment from another county in the county where the real or personal property is located in order to have an enforceable writ of execution. But, if a judgment creditor wishes, he or she may file judgment with the local circuit court where the real or personal property is located, following the procedure outlined in A.C.A. § 16-65-117. Once that process is complete, the local circuit court may issue a writ of execution under A.C.A. § 16-66-102.

Question 5: What is the filing fee or recordation fee for filing or recording a judgment with the circuit clerk recorder for a judgment from another state, from a circuit of Arkansas of another county, or district court in Arkansas of the same or another county? Is tender and payment of that fee required? In addition to recording, in order to get a writ of execution issued by the circuit court and circuit clerk, must a circuit clerk case be opened, case number assigned, and filing fee paid for commencing a circuit court case have to be fulfilled, to have a judgment of another county able to have a writ of execution issued on property in the county? If so, what filing fee is required to be paid to the circuit clerk?

32
See Ark. R. Civ. P. 44(a)(2); Agility Fin. Credit Union v. Largent, 2018 Ark. App. 358, 5–6, 552 S.W.3d 471, 474 (2018) (holding that Ark. R. Civ. P. 44(a)(2) is the exclusive mechanism for authenticating foreign judgments and that A.C.A. § 16-66-602 was repealed by implication). 33 A.C.A. § 16-66-603(a).
34
Id.
35
Id. § 16-66-603(b)
36
Id. § 16-66-603(c).
The Honorable John Maddox
State Representative
Opinion No. 2025-114
Page 11

Filing fees vary and are subject to change. The best source for the cost of any filing fee is the court of record where a judgment creditor is seeking to file a judgment. Some fees are established by statute. All required fees must be paid before a court of record will take the requested action, whether that be registering an Arkansas judgment, filing a foreign judgment from another state, or issuing a writ of execution.37 For foreign judgments, the Uniform Enforcement of Foreign Judgments Act requires the payment of “the same filing fee that would be paid for the filing of a civil action.”38 In Arkansas, this fee is $165.00, which consists of the $150.00 uniform fee and a
$15.00 technology fee.39 To secure a writ of execution, the judgment creditor must also pay the writ fee of $20.00.40

For filing or registering an Arkansas judgment in a circuit court, the fees also vary. For example, Pulaski County charges $8.00 to register an Arkansas judgment, according to the Court Filing Fee Schedule.41 Most other counties in Arkansas treat the registration of a foreign judgment as a recordable instrument under A.C.A. § 21-6-311 and thus charge $15.00 for the first page and $5.00 for each additional page.42

Question 6: Is following and fulfilling the process in the answer to (4) and (5) required for the judgment (from another state, a circuit court of another county in Arkansas, or district court of another county in Arkansas) to constitute a lien on the personal or real property situated in the county? Is following and fulfilling the process described in the answer to (4) and (5) above required in order for a writ of execution to be issued by the circuit clerk or circuit court in the subject county where the personal and real property of the defendant is situated?

For a judgment—whether foreign or from another Arkansas county—to operate as a lien on real property in a county other than where it was rendered, compliance with the proper filing procedures and payment of all required fees is mandatory. The same is true for a writ of execution. If a judgment creditor wishes to have the local circuit court where the judgment debtor’s property is located issue a writ of execution, the underlying judgment must be registered and all applicable fees paid before the writ of execution will issue. But, as stated above, a writ of execution from any court of record in Arkansas may be delivered to any county sheriff to be executed. A judgment creditor is not required to register a judgment from a different Arkansas circuit court with the sheriff’s local circuit court and secure a second writ of execution from the local circuit court before the sheriff may act. A sheriff may execute any valid writ of execution issued by an Arkansas court

37
Id. §§ 21-6-402 to -403.
38
Id. § 16-66-605.
39
Id. §§ 21-6-403(b)(1), -416(b).
40
Id. § 21-6-402(b)(2).
41
Pulaski Cnty. Cir. Clerk, All Fees, https://pulaskiclerkar.gov/about-us/all-fees/ (last visited Jan. 6, 2026).
42
A.C.A. § 21-6-306(a)(1)(A).
The Honorable John Maddox
State Representative
Opinion No. 2025-114
Page 12

of record, regardless of whether the underlying judgment has been registered locally. Registering the judgment simply creates a lien on real property, which creates an extra layer of protection for a judgment creditor. It is not a prerequisite for the sheriff to execute a valid writ of execution issued by a court of record located in another county.

Question 7: May a sheriff lawfully execute a writ of execution issued by his or her circuit court or circuit clerk upon personal or real property of the defendant situated in his or her county in the absence of the plaintiff following the process of recording the underlying judgment from another state, from a district court or from a circuit court of another county as described in the answers to (4) or (5) above? In the absence of a writ of execution issued by his or her own circuit clerk or circuit clerk?

A sheriff may lawfully execute a writ of execution issued by an Arkansas court of record, even if there are procedural defects that could lead the defendant to petition to quash the writ under A.C.A.
§ 16-66-301(c). It is not the sheriff’s duty to determine whether a writ of execution has been properly issued by an Arkansas court. A sheriff is not legally obligated to execute a foreign judgment until it has been domesticated by an Arkansas court of record.

Question 8: May a sheriff lawfully execute a writ of execution issued by a district court or district court clerk located outside [of] his or her own county, in another jurisdiction?

A sheriff may lawfully execute a writ of execution issued by any court of record in Arkansas, which includes a state district court, but only on real or personal property located within the sheriff’s local jurisdiction.43 A sheriff may not execute a writ of execution for real or personal property located outside his or her jurisdiction.

Question 9: May a sheriff lawfully execute a writ of execution issued by a circuit court or circuit court clerk located outside [of] his or her own county, in another jurisdiction?

A sheriff may lawfully execute a writ of execution issued by any court of record, which includes a circuit court, in his or her local jurisdiction. A sheriff may not execute a writ of execution for real or personal property located outside his or her jurisdiction. Thus, a sheriff may execute a writ of execution only in his or her local county.

Question 10: Are plaintiffs required to record the judgment of another state, or another circuit court, or another district court with the circuit clerk recorder as described in answers to (4) and (5) above? And have a writ of execution issued by the circuit court or circuit clerk where the personal property, real property, and sheriff are situated as described in the answers to (4), (5), and (6) above?

For the purposes of this question, I shall assume that any foreign judgment has already been domesticated by following the requirements of the Uniform Enforcement of Foreign Judgments 43 Id. § 14-15-501.
The Honorable John Maddox
State Representative
Opinion No. 2025-114
Page 13

Act, that any Arkansas judgment has been properly issued by a court of record, and that a writ of execution has issued. In those circumstances, a judgment creditor is not required to register the underlying judgment in the circuit court of the county where the sheriff will execute the writ of execution. Registering a judgment from another Arkansas court of record with the local circuit court where the sheriff has jurisdiction has benefits, such as creating a lien on real property located in that county, but it is not a prerequisite for the sheriff to execute the writ of execution.

Question 11: What civil process does the law set forth in A.C.A. § 9-19-201 et seq. or A.C.A. § 9-19-301 et seq. for sheriffs to be given notice and to have an obligation to enforce a civil order to take physical custody of a child in Arkansas? Does not the obligation arise from a circuit court in Arkansas undertaking jurisdiction and directing the sheriff?

The primary civil process set forth in the Arkansas Uniform Child-Custody Jurisdiction and Enforcement Act (“UCCJEA”) for a sheriff to take physical custody of a child is a Warrant to Take Physical Custody under A.C.A. § 9-19-311. Under that statute, the petitioner files a petition for enforcement of a child custody determination (often accompanying a registration of a foreign order). If there is an imminent risk that a child will suffer serious physical harm or be removed from the State, the petitioner files a verified application for a warrant to take physical custody. The circuit court will schedule a hearing, and if the court finds that the child is in imminent danger or likely to be removed from the State, the court will issue the warrant. The warrant itself must explicitly “direct law enforcement officers to take physical custody of the child immediately.”44 A sheriff’s duty to act is triggered when the circuit court issues the warrant to take physical custody or a writ of assistance.

In addition to the process set forth above, the UCCJEA gives a local prosecutor the authority to take action to locate a child or enforce a custody determination if there is a finding that the child has been wrongfully removed.45 At the request of the prosecutor, a law enforcement officer may take any lawful action reasonably necessary to locate a child or assist the prosecutor.46

Question 12: Do sheriffs in Arkansas have any authority, duty, or responsibility to serve or execute the civil process or civil orders of municipal, district, or circuit court civil orders of another state? What is the process for sheriffs when a child-custody determination ordered by a court of another state is not registered in and [brought] before an Arkansas court and the petitioner seeks enforcement? Does not the obligation of the sheriff arise from an Arkansas or local circuit court undertaking jurisdiction and directing the sheriff?

An Arkansas sheriff’s duty to serve or execute civil process or civil orders arises from Arkansas courts, not foreign courts. Courts in other states, like Texas or Oklahoma, do not have jurisdiction

44
Id. § 9-19-311(c)(2).
45
Id. § 9-19-315.
46
Id. § 9-19-316.
The Honorable John Maddox
State Representative
Opinion No. 2025-114
Page 14

to command an Arkansas sheriff to act. As discussed above, once a foreign judgment is registered in Arkansas, the execution order comes from an Arkansas court, creating a duty for the sheriff to act.

An Arkansas sheriff does not have authority to execute civil orders issued from another state unless those orders have been domesticated following the process outlined in the Uniform Enforcement of Foreign Judgments Act, discussed in response to Question 4. If the order is a child-custody determination, then the process outlined in the UCCJEA must be followed.

While not a mandatory duty, most Arkansas sheriffs will serve foreign summons and complaints if the pleadings are transmitted to them in the form they request, and the personal service fee is paid. Under the Arkansas Rules of Civil Procedure, county sheriffs are authorized to serve process in their own counties.47

Assistant Attorney General Justin Hughes prepared this opinion, which I hereby approve.

Sincerely,

TIM GRIFFIN
Attorney General

47
Ark. R. Civ. P. 4(c)(2).