Arkansas Writ of Garnishment: How to File and Collect After a Judgment

You won your case in Arkansas small claims court, the judge signed the judgment, and the other side still hasn't paid. The court doesn't collect for you — that part is on you. A writ of garnishment is the most common tool Arkansas judgment creditors use to force payment, whether from a debtor's employer or their bank account.

Here's how the process works from start to finish.

Wage Garnishment vs. Bank Garnishment

Arkansas law (A.C.A. § 16-110-401 et seq.) allows two types of garnishment after a judgment. Wage garnishment directs the debtor's employer to withhold money from each paycheck. Bank account garnishment freezes funds held at a financial institution. Both start with the same writ, but the procedures after service differ.

For wage garnishment, the employer withholds a portion of each paycheck until the judgment is satisfied. The writ stays active as long as the debtor works there. If they change jobs, you file a new writ against the new employer.

Bank garnishment is a one-time freeze. The bank locks non-exempt funds up to the judgment amount. You then petition the court for an order directing the bank to pay those funds to the court registry.

How to File a Writ of Garnishment

Step 1: Get the writ from the District Court Clerk after the 10-day stay expires, unless the court orders otherwise. Pay the $10 writ issuance fee. The clerk issues the Writ of Garnishment (Form CV43 in many counties) along with standard interrogatories the garnishee must answer.

Step 2: Have the writ served. The County Sheriff serves the writ on the employer or bank. Sheriff service costs $50. You can also use certified mail with return receipt.

Step 3: Mail notice to the debtor. Under A.C.A. § 16-110-402(b)(1)(B), you must mail a copy of the writ and the statutory "Notice to Defendant" to the debtor's last known residential address by first-class mail within five days of serving the garnishee. File a Certificate of Service with the court.

Step 4: Wait for the garnishee's answer. An employer has 30 calendar days from service to file a written answer under A.C.A. § 16-110-407. For an Arkansas bank, A.C.A. § 16-110-406 sets the answer deadline at the return day named in the writ when the bank is served at least 10 days before that date.

Garnishment Limits on Wages

Federal and Arkansas law cap what can be withheld. The maximum is the lesser of:

• 25% of the debtor's weekly disposable earnings, or
• The amount by which weekly disposable earnings exceed $217.50 (30 times the $7.25 federal minimum wage)

If the debtor's weekly disposable income is $217.50 or less, wages cannot be garnished at all. Disposable earnings means gross pay minus legally required deductions like taxes and FICA.

What Happens If the Garnishee Doesn't Respond

If an employer fails to answer within 30 days, under A.C.A. § 16-110-407 the court may, on your motion, issue notice requiring the employer to appear at a hearing within 10 days after receiving notice and answer. After the hearing, the court may enter judgment for the non-exempt wages or other property held at service, plus appropriate expenses. A bank that does not answer by the return day is subject to the separate rule in A.C.A. § 16-110-406 when served at least 10 days before that date.

Protected Funds in Bank Accounts

When a bank receives a garnishment writ, federal law (31 C.F.R. Part 212) requires a two-month lookback for qualifying electronically deposited federal benefits, including Social Security, SSI, and VA benefits. The Arkansas Notice to Defendant also lists TANF, unemployment compensation, and workers' compensation as exempt categories. The bank must calculate and protect the amount covered by the federal lookback.

Costs to Expect

All fees you advance are added to the total the debtor owes. Keep receipts — these become recoverable court costs.

When Garnishment Won't Work

Garnishment has limits. If the debtor is unemployed, between jobs, or earning below the minimum threshold, wage garnishment produces nothing. If their bank accounts hold only exempt federal benefits, a bank levy returns empty. In those situations, a writ of execution targeting personal property or a judgment lien on real estate may be better options.

For a complete walkthrough of every enforcement tool available in Arkansas — garnishment, execution, liens, asset discovery, and satisfaction — the Collecting a Small Claims Judgment in Arkansas guide covers the full process with fee tables, timelines, and decision trees.

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