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HB 1959

$DEAF COMM-TECH

104th Regular Session Introduced by Tony McCombie

HB 1959 simplifies reviving judgments in Arkansas by replacing a complex process with a notice system, benefiting creditors and ensuring debtors are informed.

Rule 19(b) / Re-referred to Rules Committee
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Bill Summary · HB 1959

Summary of House Bill 1959 (HB 1959)

Purpose and Intent

House Bill 1959 (HB 1959) aims to modernize the process of reviving outstanding judgments in the state of Arkansas. The bill abolishes the traditional use of a writ of scire facias, which has been a legal mechanism for reviving judgments, and introduces a more straightforward method through the use of notice. Additionally, the bill amends the fee structure for clerks of the circuit courts related to these processes.

Key Provisions

  1. Abolition of Writ of Scire Facias:

    • The bill eliminates the requirement to use a writ of scire facias to revive an outstanding judgment.

  2. Revival by Notice:

    • Judgments can now be revived by filing a notice that includes:
      • Names of the judgment debtor and creditor.
      • The court and case number where the judgment was rendered.
      • The current balance of the judgment after all payments.
      • A statement indicating the creditor's intent to maintain the judgment lien against the debtor's property.

  3. Service of Notice:

    • The notice must be served to the judgment debtor or their legal representatives via first-class mail to their last known address. If the debtor cannot be located, the court may order a public notice.

  4. Judgment Lien Continuation:

    • If no objections are raised after the notice is served, the judgment will be revived, and the lien will be extended for an additional ten years.

  5. Fee Structure Changes:

    • The bill introduces a new fee of $20 for filing a notice of outstanding judgment.
    • It specifies that reviving a judgment will not incur a reopening fee, thus reducing costs for creditors.

Affected Parties

  • Judgment Creditors: Individuals or entities seeking to revive outstanding judgments will benefit from a simplified process and reduced fees.
  • Judgment Debtors: Those with outstanding judgments will be notified more efficiently, which may impact their financial obligations.
  • Clerks of Circuit Courts: The bill modifies the fee structure that clerks will charge, potentially affecting their revenue from filing fees.

Procedural Timeline

  • Introduced: April 1, 2025
  • Passed: The bill was read and passed multiple times in both the House and Senate, with the final notification that it became Act 986 on April 22, 2025.
  • Amendments: An amendment was adopted on April 9, 2025, which included the addition of a co-sponsor and clarified the bill's language.

Conclusion

HB 1959 represents a significant change in the legal framework for reviving judgments in Arkansas. By streamlining the process and reducing associated costs, the bill aims to facilitate better access to justice for creditors while ensuring that debtors are adequately informed of their obligations.

Compiled from official sources — confirm details with the bill’s official record.

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