2018 Arkansas Code
Title 18 - Property
Subtitle 4 - Mortgages and Liens
Chapter 41 - Landlords' Liens
§ 18-41-108. Attachment to enforce
(a) Any landlord who has a lien on the crop for rent shall be entitled to bring suit before a circuit court having jurisdiction and have a writ of attachment for the recovery of it, whether the rent is due or not, in the following cases:
(1) If the tenant is about to remove the crop from the premises without paying the rent; or
(2) If he or she has removed the crop, or any portion thereof, without the consent of the landlord.
(b)
(1) Before the writ of attachment is issued, the landlord or his or her agent or attorney shall file an affidavit of one (1) of the facts under subdivision (a)(1) or subdivision (a)(2) of this section, that the amount claimed is or will be due for rent, or will be the value of the portion of the crop agreed as rent, stating the time the rent became or would become due and that he or she has a lien on the crop for rent.
(2) The landlord or his or her agent or attorney shall file with the clerk of the court a bond to the defendant, with sufficient security, in double the amount of his or her claim as sworn to, conditioned that he or she will prove his or her debt or demand and his or her lien in a trial, or that he or she will pay damages against him or her.
(c) The writ of attachment may be levied on the crop in the possession of the tenant or anyone holding it in his or her right or in the possession of a purchaser from him or her with notice of the lien of the landlord.
(d) If the rent is not due at the commencement of the suit, the trial shall be stayed until it becomes due, and the attachment, at any time before final trial, may be dissolved in the manner prescribed by law, and the cause proceed as other suits.
