To Abolish The Use Of A Writ Of Scire Facias As The Means Of Reviving An Outstanding Judgment; To Allow A Judgment To Be Revived By Notice; And To Amend The Law Concerning The Fees To Be Charged By Clerks Of The Circuit Courts.
Summary
HB1959 modernizes Arkansas law on reviving outstanding judgments by eliminating the traditional writ of scire facias as the required mechanism and replacing it with a notice-based process. Under the bill, a judgment creditor may revive a judgment by filing notice that identifies the parties, court, case number, current balance, and the creditor’s intent to preserve the lien. The bill also provides for service by first-class mail to the debtor’s last known address, and if the debtor cannot be located, notice may be posted at the courthouse door for four weeks.
The measure preserves the basic ten-year revival framework for judgments and liens, but simplifies the procedure and clarifies how revival works when a judgment has been recorded in counties other than the one where the revival action is filed. It also specifies that a recorded judgment lien may be maintained in other counties by recording a copy of the filed notice, while allowing creditors to register or record liens in new counties after a judgment is obtained or revived.
Impact
HB1959 amends Arkansas Code § 16-65-501 to replace references to scire facias with a notice procedure for reviving judgments, and it updates related lien-continuation language to fit the new process. It also amends court-fee statutes to add a $20 filing fee for the notice of outstanding judgment and to exempt judgment revival under this section from the circuit court reopening fee. The bill affects judgment creditors, judgment debtors, circuit court clerks, and county real property records practices.
Sentiment
The bill appears to have been broadly supported and noncontroversial. It passed the House 96-0 and the Senate 34-0, indicating unanimous approval in both chambers. The available record shows no committee transcript debate, suggesting the measure was viewed as a procedural modernization rather than a contested policy change.
Contention
No major points of contention are reflected in the available materials. The main policy choice is procedural: replacing a formal common-law writ with a simpler notice system and setting a specific filing fee. Any practical concerns would likely center on notice to debtors, county recording effects, and clerk fee administration, but no opposition or disagreement is documented in the provided history.