How to Serve a Writ of Garnishment or Execution in Arkansas (Ark. Code Ann. § 16-110-401)
Once a creditor obtains a money judgment in an Arkansas Circuit or District Court, collecting that judgment frequently requires serving a Writ of Garnishment on the judgment debtor’s bank or employer under Ark. Code Ann. § 16-110-401 et seq. Because Arkansas law imposes strict constitutional notice requirements on post-judgment garnishments—and holds the garnishee bank or employer liable for the entire underlying judgment if they fail to answer within 30 days after valid service—proper service of the Writ of Garnishment is paramount.
This guide covers the exact statutory requirements for serving bank and wage garnishments in Arkansas, the mandatory Notice to Defendant and Schedule of Exemptions under Ark. Code Ann. § 16-110-402, where to serve corporate employers and bank registered agents, and when a Writ of Execution requires the County Sheriff.
1. Who Can Serve a Writ of Garnishment in Arkansas (Ark. Code Ann. § 16-110-402)
Under Ark. Code Ann. § 16-110-402(b)(1)(A), Writs of Garnishment together with the mandatory Allegations and Interrogatories may be served in the same manner and by the same persons authorized to serve a summons under Arkansas Rule of Civil Procedure 4(c):
- An Administrative Order No. 20 Court-Appointed Private Process Server: Personal delivery to the garnishee’s registered agent, bank branch officer, or corporate officer/managing agent;
- The County Sheriff or Deputy Sheriff; or
- Restricted-Delivery Certified Mail / Commercial Delivery (
Ark. R. Civ. P. 4(g)): Though personal service by a process server is strongly preferred by judgment creditors for bank and wage garnishments because a garnishment lien attaches the exact moment the Writ of Garnishment is served! Waiting 5 to 10 days for certified mail allows a debtor to drain their checking account before the bank receives the writ.
2. The Two-Part Service Requirement: Serving the Garnishee AND Notice to the Judgment Debtor (Ark. Code Ann. § 16-110-402)
Following federal constitutional due process rulings regarding post-judgment exemptions, the Arkansas General Assembly enacted strict notice rules in Ark. Code Ann. § 16-110-402. Every valid Arkansas garnishment requires serving two separate targets:
Part A: Serving the Garnishee (Bank or Employer)
The process server serves the Garnishee with:
- The court-issued Writ of Garnishment; and
- The creditor’s written Allegations and Interrogatories (
Ark. Code Ann. § 16-110-403).
Part B: Mandatory “Notice to Defendant” (Ark. Code Ann. § 16-110-402(a))
Every Writ of Garnishment served on a bank or employer must include the statutory “Notice to Defendant” informing the judgment debtor of their right to claim federal and Arkansas constitutional/statutory exemptions (such as the $200/$500 personal property exemption under Article 9, §§ 1–2 of the Arkansas Constitution, Social Security benefits, or head-of-family wage exemptions) and request a prompt hearing within five (5) days.
- On the same day the Writ of Garnishment is delivered for service on the garnishee, the judgment creditor or their attorney must mail a copy of the Writ of Garnishment and the Notice to Defendant by first-class mail to the judgment debtor’s residence (and file a Certificate of Service certifying that the notice was mailed).
3. Where to Serve Bank & Employer Garnishments in Arkansas
Serving Arkansas & National Banks (Account Levies)
To freeze a judgment debtor’s checking, savings, or commercial account immediately:
- Local Arkansas Banks (e.g., Arvest Bank, Simmons Bank, Centennial Bank / Home BancShares, Bank OZK, First Security Bank): May be served at an Arkansas branch office upon an officer or branch manager in charge, or at their designated registered agent office in Little Rock, Conway, Bentonville, or Pine Bluff.
- National Banks (e.g., Bank of America, Regions Bank, Chase, Wells Fargo, U.S. Bank): Most national banks operating in Arkansas designate The Corporation Company / CT Corporation System (124 W. Capitol Ave, Suite 1900, Little Rock, AR 72201) or Corporation Service Company (CSC) (300 S. Spring St, Suite 900, Little Rock, AR 72201) as their Arkansas registered agent for writs of garnishment. Because our Little Rock couriers deliver to CT Corp and CSC daily, we can serve bank garnishments in downtown Little Rock on a same-day or 24-hour rush basis.
Serving Major Arkansas Employers (Continuing Wage Garnishments)
Under Ark. Code Ann. § 16-110-415, a Writ of Garnishment served upon an employer for wages constitutes a continuing lien on the judgment debtor’s non-exempt disposable earnings until the judgment is paid in full or the employment terminates.
- Major employers such as Walmart Inc., J.B. Hunt Transport Services, UAMS, Baptist Health, and Arkansas Children’s Hospital should be served at their designated registered agent or legal/payroll garnishment intake desk so the continuing wage withholding order is processed into payroll immediately.
4. The Garnishee’s Strict 30-Day Answer Deadline & Default Trap (Ark. Code Ann. § 16-110-407)
Arkansas has one of the harshest garnishee default statutes in the nation. Under Ark. Code Ann. § 16-110-404 and § 16-110-407:
- A garnishee (bank or employer) has exactly thirty (30) days from the date of service of the Writ of Garnishment to file verified, written answers to the creditor’s Interrogatories with the court clerk.
- If the garnishee fails to file an answer within 30 days, the court—after notice to the garnishee—may enter judgment against the garnishee for the unpaid amount of the plaintiff’s judgment (subject to statutory notice procedures under § 16-110-407).
- Because the 30-day deadline is triggered strictly by valid Rule 4 service, having an unimpeachable, notarized Affidavit of Service from an Administrative Order No. 20 process server is vital if you ever need to enforce a garnishee default.
5. Writs of Execution vs. Writs of Garnishment (Ark. Code Ann. § 16-66-101+)
- Writs of Garnishment (Served by Private Process Server or Sheriff): Used when money, bank accounts, or wages belonging to the judgment debtor are in the hands of a third party (a bank, employer, or account debtor).
- Writs of Execution (Executed by the County Sheriff): Used when you want to physically seize and auction non-exempt real estate, vehicles, or equipment directly in the possession of the judgment debtor (
Ark. Code Ann. § 16-66-401). While a private process server can serve post-judgment Debtor Interrogatories / Schedule of Property Orders requiring the debtor to disclose their assets within 45 days (Ark. Code Ann. § 16-66-221), physical seizure of property under a Writ of Execution must be performed by the County Sheriff.
Need a Writ of Garnishment served on a bank or employer in Little Rock or anywhere in Arkansas? Submit your garnishment order online for $64 standard or $109 rush service.
Ready to serve your legal documents? Submit your Arkansas service order online now → or call (501) 472-8315 for immediate dispatch anywhere in Arkansas.