Guyton v. JIABAO, Inc et al

Filing 48

ORDER denying 47 Motion for Disbursement of Funds; Plaintiff can renew the instant motion upon demonstrating that she has adhered to the applicable state procedures for writs of garnishment. Signed by Honorable Susan O. Hickey on May 8, 2024. (tmc)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
HOT SPRINGS DIVISION
LACY GUYTON
v.

PLAINTIFF
Case No. 6:21-cv-6165

JIABAO, INC. and YI ZHANG

DEFENDANTS

ARVEST BANK

GARNISHEE
ORDER

Before the Court is Plaintiff’s Motion to Disburse Funds. ECF No. 47. The Court
previously issued a Writ of Garnishment with accompanying “Notice to Defendant” upon Arvest
Bank regarding funds in its possession that belong to Defendants Jiabo, Inc. and Yi Zhang. ECF
No. 45. The funds are sought by Plaintiff to satisfy a judgment entered against Defendants by this
Court. ECF No. 33. Arvest Bank answered the writ and stated that it had funds in its possession
belonging to Defendants in the amount sought by Plaintiffs, which totals $52,811.79. ECF No.
46. Defendants have not responded to Plaintiff’s application for the writ of garnishment, the
Court’s issuance of the writ of garnishment, Arvest Bank’s answer to the writ of garnishment, or
the instant motion seeking disbursal of the funds in Arvest Bank’s possession.
The procedure for enforcing a money judgment by writ of execution “must accord with the
procedure of the state where the court is located[.]” Fed. R. Civ. P. 69(a)(1). Under Arkansas law,
a writ of garnishment “shall be directed, served, and returned in the same manner as a writ of
summons.” Ark. Code Ann. § 16-110-402(b)(1)(A). The judgment creditor is required to mail a
copy of the writ of garnishment and attached “Notice to Defendant” to the judgment debtor in
compliance with Arkansas Code §§ 16-110-402(b)(1)(B) & (b)(2)(A). Also:

Upon return of the clerk’s writ of garnishment for filing with the court, the
judgment creditor or judgment creditor’s attorney shall include a “Notice to
Defendant” certificate of service statement, including the name and last known
address for the judgment debtor and the date the “Notice to Defendant” was sent to
the judgment debtor. The certificate of service statement shall be signed by the
judgment creditor or judgment creditor’s attorney.
Ark. Code. Ann § 16-110-402(d)(1)-(2).

Service-of-process requirements, including those

applicable to writs of garnishment, are to be strictly construed and “compliance with applicable
technical requirements must be exact.” Karman, Inc. v. Elliot, 2010 Ark. App. 654, 2-3 (2010)
(citing Carruth v. Design Interiors, Inc., 324 Ark. 373, 921 S.W.2d 944 (1996)).
Plaintiff provides no indication that she sent the writ of garnishment and “Notice to
Defendant” to Defendants as required under Arkansas Code § 16-110-402(b). Further, Plaintiff
failed to attach a “certificate of service statement” to the instant motion as required by Arkansas
Code § 16-110-402(d).

Therefore, Plaintiff has not complied with the required Arkansas

procedures for serving the writ of garnishment and “Notice to Defendant” upon Defendants.
Accordingly, the Court finds that Plaintiff’s Motion to Disburse Funds (ECF No. 47)
should be and is hereby DENIED. Plaintiff can renew the instant motion upon demonstrating that
she has adhered to the applicable state procedures for writs of garnishment.
IT IS SO ORDERED, this 8th day of May, 2024.
/s/ Susan O. Hickey
Susan O. Hickey
Chief United States District Judge

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