$0 Arkansas Small Claims Collection Checklist

Arkansas Post-Judgment Asset Discovery: How to Find What the Debtor Owns

You can't garnish wages if you don't know where the debtor works. You can't levy a bank account you can't name. Before any Arkansas enforcement tool works, you need to know what the debtor owns and where they keep it.

Arkansas law gives judgment creditors several ways to find out, starting with a mandatory disclosure the debtor is supposed to file automatically.

The Schedule of Property (A.C.A. § 16-66-221)

This is your first and most powerful asset discovery tool. Under A.C.A. § 16-66-221, every final judgment order is required to include a provision directing the debtor to file a verified Schedule of Property within 45 calendar days of judgment entry.

The Schedule of Property, also called the "Affidavit of Financial Means After Judgment," must list:

  • All real estate owned by the debtor
  • Personal property (vehicles, equipment, valuables)
  • Bank account names and locations
  • Employment and wage information
  • Credits, debts owed to the debtor, and other financial interests
  • Which items the debtor claims as exempt from execution

The debtor files the original with the District Court Clerk and must serve a copy on you.

When the Debtor Doesn't File

Many debtors ignore the 45-day deadline. When that happens, you file a motion for order to show cause with the court. The judge orders the debtor to appear and explain why they haven't complied. Continued non-compliance after a court order can result in a bench warrant or a finding of civil contempt.

This motion is the enforcement mechanism that gives the Schedule of Property real teeth. A debtor who ignores a judgment might not ignore a court summons backed by contempt power.

Supplementary Discovery Tools

If the case has been transferred to the Civil Division (which happens automatically if either side hires an attorney) or if you've transcribed the judgment to Circuit Court, you have access to additional discovery tools under A.C.A. § 16-66-418 and Rule 69 of the Arkansas Rules of Civil Procedure:

  • Post-judgment interrogatories: Written questions the debtor must answer under oath about their employment, bank accounts, property, and income
  • Requests for production: Demand copies of tax returns, bank statements, pay stubs, and property records
  • Oral examination: Subpoena the debtor to appear in court for questioning under oath about their assets

The Small Claims rules permit discovery in aid of execution, while discovery for other purposes is not allowed in that division. Civil Division or transcribed proceedings may use the broader discovery tools described above.

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Public Records You Can Search Yourself

Before filing any motions, several free or low-cost public records can reveal what the debtor owns:

County Tax Assessor records — Arkansas counties maintain personal property assessment records. These show vehicles, boats, and other taxable personal property registered to the debtor. Many counties have online search portals. Some counties require you to obtain this assessment before the court will issue a writ of execution.

Circuit Clerk land records — Real property ownership is recorded at the county level. Search the Circuit Clerk's records in the county where you think the debtor owns property.

CourtConnect / Search ARCourts — The Arkansas Judiciary's public case search portal lets you look up the debtor's other court cases and track post-judgment filings.

Secretary of State business search — If the debtor owns a business, a search of registered businesses and corporations may reveal business assets or additional income sources.

How to Find the Debtor's Employer

The most common question: "How do I find out where they work so I can garnish wages?" Options:

  1. Schedule of Property — If filed, it lists employment
  2. Social media — Public LinkedIn or Facebook profiles often show current employment
  3. Other court records — Search public dockets for prior garnishment proceedings

You need the employer's legal name and a physical address where the sheriff can serve the writ of garnishment.

Building a Complete Picture

Asset discovery isn't a single step — it's an ongoing process throughout the judgment's enforcement period. A debtor who has nothing today may get a job, open a bank account, or buy property next year. Repeat your searches periodically.

The Collecting a Small Claims Judgment in Arkansas guide includes a full asset discovery worksheet and a decision tree for matching what you find to the right enforcement tool.

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