Arkansas Supreme Court Issues Ruling on Writs of Garnishments (Creditors Rejoice)
This morning, the Arkansas Supreme Court issued a very pro-creditor ruling in Primus Automotive Financial Services v. Sherry Wilburn and Kevin Wilburn , 2013 Ark. 258 , which was an appeal from Sebastian County, Arkansas Case No. CV-761. The sole issue on review was whether the issuance of a writ of garnishment tolled the statute of limitations on a judgment for an additional ten year period. The Wilburns purchased a Kia Sportage back in 1999. The loan was with Primus. Primus sued the Wilburns for repayment of the loan after the Wilburns missed payments. A judgment by default was entered by the circuit court in 2002, the car was sold at auction and a deficiency judgment for the balance was entered against the Wilburns. Arkansas has a ten year statute of limitations to execute on a judgment, but the limitations period can be extended if the judgment is properly revived. Sometime before the ten-year statute of limitations period expired, Primus caused a writ of garnishment to be