Primus Automotive Financial Services, Inc. v. Wilburn

Summary

The Arkansas Supreme Court held that a timely writ of garnishment issued before a judgment becomes barred tolls the limitations period on the judgment and begins a new ten-year period for enforcement. The court concluded that garnishment constitutes process and a form of execution on the judgment, even though it is not a revival action such as scire facias or a new suit. The court reversed the order setting aside the garnishment and directing the return of funds, and remanded the case.

Holdings

1. A writ of garnishment issued before a judgment is barred tolls the statute of limitations on the judgment and begins a new limitations period for enforcing it, regardless of whether the garnishment is characterized as a form of execution or as the issuance of process.
2. The circuit court erred in setting aside the garnishment and ordering the return of funds because the timely garnishment tolled the limitations period and commenced a new ten-year period for enforcing the judgment.

Questions Presented

1. Whether service or issuance of a writ of garnishment within the limitations period on a judgment tolls the limitations period and begins a new period for enforcing the judgment.
2. Whether the garnishment should be set aside and funds returned because the underlying judgment allegedly became stale before the garnishment payments were made.

Disposition

reversed_and_remanded