An act TO ABOLISH THE USE OF A WRIT OF SCIRE FACIAS 10 AS THE MEANS OF REVIVING AN OUTSTANDING JUDGMENT, the official text

Stricken language would be deleted from and underlined language would be added to present law.

1 State of Arkansas            As Engrossed: H4/9/25
2 95th General Assembly
                                    A Bill

3 Regular Session, 2025                                            HOUSE BILL 1959

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5 By: Representative M. Brown

6 By: Senator M. McKee

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8                              For An Act To Be Entitled

9   AN ACT TO ABOLISH THE USE OF A WRIT OF SCIRE FACIAS

10  AS THE MEANS OF REVIVING AN OUTSTANDING JUDGMENT; TO

11  ALLOW A JUDGMENT TO BE REVIVED BY NOTICE; TO AMEND

12  THE LAW CONCERNING THE FEES TO BE CHARGED BY CLERKS

13  OF THE CIRCUIT COURTS; AND FOR OTHER PURPOSES.

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15

16                             Subtitle

17                       TO ABOLISH THE USE OF A WRIT OF SCIRE

18                       FACIAS AS THE MEANS OF REVIVING 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

24 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:

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26  SECTION 1. DO NOT CODIFY. Legislative intent.

27  The General Assembly intends this act to:

28  (1) Abolish the use of a writ of scire facias as the means of

29 reviving an outstanding judgment; and

30  (2) Simplify the process to revive an outstanding judgment.

31

32  SECTION 2. Arkansas Code � 16-65-501 is amended to read as follows:

33  16-65-501. Scire facias Revival of outstanding judgment.

34  (a)(1) The plaintiff judgment creditor or his or her legal

35 representatives at any time before the expiration of the lien of a judgment

36 may sue out a scire facias to revive the judgment file notice that the

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    As Engrossed: H4/9/25                                                   HB1959

1 judgment is still outstanding in accordance with this section to revive the

2 judgment.

3              (2) The notice shall include with respect to the judgment:

4              (A) The names of the judgment debtor and judgment

5 creditor;

6              (B) The name of the court and case number in which the

7 judgment was rendered;

8              (C) The current balance of the judgment after all payments

9 and other credits; and

10             (D) A statement that the judgment creditor intends to

11 maintain the judgment creditor's lien of judgment against any property of the

12 judgment debtor located in the county in which the notice is filed.

13  (b)(1) The scire facias A copy of the notice shall be served on the

14 defendant or his or her legal representatives, terre-tenants, or other person

15 occupying the land, and may be directed to and served in any county in this

16 state judgment debtor via first class mail, postage prepaid, and addressed to

17 the judgment debtor at the judgment debtor's last known address.

18  (c)(1) If the defendant cannot be found, the court shall make an order

19 briefly setting forth the nature of the case and requiring all persons

20 interested to appear on a date set by the court and show cause why the

21 judgment or decree should not be revived and lien continued.

22             (2) A If the current whereabouts of the judgment debtor are

23 unknown such that the judgment debtor cannot be served via first class mail,

24 a copy of the order notice shall be put up for four (4) weeks at the

25 courthouse door of the county in which the judgment or decree may have been

26 rendered.

27  (d) If upon service or publication of the scire facias, as required in

28 subsection (c) of this section, the defendant or any other person interested

29 does not appear and show cause why such judgment or decree shall not be

30 revived, the judgment shall be revived and the lien continued for another

31 period of ten (10) years and so on from time to time as often as may be

32 necessary.

33  (e)(c)(1) If a scire facias is sued out the notice is filed on or

34 before the termination expiration of the lien of any judgment or decree, the

35 lien of the judgment revived shall have relation to the day on which the

36 scire facias issued notice is filed.

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    As Engrossed: H4/9/25                                                  HB1959

1              (f)(2) No scire facias to revive a judgment shall be issued

2 revived except within ten (10) years from the date of the rendition of the

3 judgment, or if the judgment shall have been previously revived, then within

4 ten (10) years from the order of revivor filing of the previous notice.

5         (g)(1) Unless before the expiration of a judgment the notice under

6 subdivision (g)(2) of this section is recorded in the real property records

7 of a county other than the county in which an action under this section is

8 filed:

9              (A) A scire facias to revive the judgment is not effective

10 in the county other than the county in which an action under this section is

11 filed; and

12             (B)(i) A recorded judgment lien may not be revived against

13 real property in the county other than the county in which an action under

14 this section is filed.

15                         (ii) This subdivision (g)(1)(B) does not prevent a

16 judgment creditor from registering a judgment or recording a judgment lien in

17 a new county after a judgment is obtained or revived.

18             (2) The notice shall include with respect to the action:

19             (A) The names of the judgment debtors and judgment

20 creditors;

21             (B) The name of the court and case number in which the

22 judgment was rendered;

23             (C) The name of the county in which the petition for a

24 writ of scire facias was filed;

25             (D) The date on which the petition was filed; and

26             (E) A statement that the filing party intends to maintain

27 its judgment lien against any property of the judgment debtor located in the

28 county in which the notice is filed.

29        (d) A judgment that is recorded in the real property records of a

30 county other than the county in which a notice under this section is filed

31 may be revived and the lien continued by recording a copy of the filed

32 notice.

33

34        SECTION 3. Arkansas Code � 21-6-402(b), concerning the fees to be

35 charged by the clerks of the circuit courts, is amended to add an additional

36 subdivision to read as follows:

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    As Engrossed: H4/9/25                                      HB1959

1   (10) For filing notice of outstanding judgment under � 16-65-501

2 ............. 20.00.

3

4   SECTION 4. Arkansas Code � 21-6-403(a), concerning the uniform filing

5 fees to be charged by the clerks of court, is amended to read as follows:

6   (a)(1) The uniform filing fees to be charged by the clerks of the

7 circuit courts for initiating or reopening a cause of action in the circuit

8 courts in the state shall be as prescribed in this section.

9   (2) A revival of an outstanding judgment under � 16-65-501 shall

10 not be charged a reopening fee under subdivision (a)(1) of this section.

11  (3) No portion of the filing fees shall be refunded.

12

13                         /s/M. Brown

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