SettleADebt — S_AR PASS-15
Arkansas ordinary money-judgment payment, compromise, satisfaction, and necessary release
Research/access date: October 27, 2026, Pacific and UTC. Session clock checks recorded 09:45:19 PDT / 16:45:19 UTC, 09:54:15 PDT / 16:54:15 UTC, and 10:02:11 PDT / 17:02:11 UTC. These are session checkpoints, not individual source-opening timestamps. Exact opening times for individual sources are unknown.
Provenance: Earlier raw answers remain unchanged. No legal conclusion from an unreviewed earlier pass was adopted. No actual judgment, settlement, assignment, account, payment, title record, or party authority was examined.
Scope: Ordinary unsecured money-judgment payment and compromise; satisfaction entry; the necessary distinction between judgment discharge, recorded-lien cleanup, and termination of particular enforcement processes. Specialized claims and broader procedural or remedies dossiers remain deferred.
Principal findings
Section 16-65-602’s ordinary 60-day entry duty runs from satisfaction, not from a later demand. Its execution-return branch is different: when the whole judgment appears satisfied by the return, the clerk must make the specified entry. The statute’s motion, notice, proof, penalty, and cost provisions must be read separately. C045–C052. Justia Law
A “payment in full” notation does not automatically compromise a fixed judgment or a separate unresolved claim. Section 4-3-311 requires its actual instrument, good-faith, disputed-or-unliquidated-claim, collection, and conspicuous-statement predicates, subject to exceptions. In Rouse, payment of the fixed judgment did not extinguish the separate attorney-fee claim. C022–C033. Justia Law+1
Authority to enter satisfaction is not identical to authority to negotiate a compromise. Section 602 identifies the plaintiff, attorney of record, and a specially authorized agent. Veasey and Terra Land Services require actual settlement authority; an attorney’s representation or an agent’s assertion does not itself prove authority to accept a discounted settlement. C006–C009, C014–C017. OpenJurist+1
Full satisfaction need not always mean physical cash delivered directly to the creditor. A valid judicial setoff can support satisfaction. Certain instruments and authorized court-registry procedures also have specific legal effects. Conversely, money merely held by a garnishee, sheriff, clerk, or third party is not automatically a judgment credit. C002, C035–C041, C053–C055, C080. CaseMine+1
The September 1, 2026 UCC amendments matter. Act 997 changed relevant signed-record language and provides that destroying a physical check solely for the specified electronic-image processing does not, by itself, discharge the payment obligation. Its saving provision prevents indiscriminate retroactive application. C019–C025, C090. Arkansas Legislature+2
A satisfaction entry does not prove that every separate record or writ has been updated. Nor does releasing one lien necessarily discharge the personal obligation. Parrish, Bisbee, Barnett, and the execution statutes require attention to the particular judgment, lien, property, process, and amount. C018, C066–C079.
Currentness is partially authenticated, not comprehensively certified. Selected official enactments, a final rule-adoption order, public blank forms, and published judicial bodies were read. The complete current official Arkansas Code and rule chains, all local procedures, and a full citator remain open.
In the tables, S001 means S_AR-P15-S001, and C001 means S_AR-P15-C001. Full literal HTTPS URLs and reading limits appear in the source register.
A. Legal objects and actors
A1. Do not collapse these events
| Object or event |
What it can establish |
What it does not automatically establish |
| Proposed settlement |
An offer or negotiation position. |
Acceptance, authority, enforceable compromise, payment, stay, or satisfaction. |
| Accepted compromise |
A new enforceable arrangement if its formation and authority requirements are met. |
That a condition requiring payment has occurred. |
| Executory accord |
Agreement to accept specified performance in satisfaction. |
Discharge before performance, unless the parties legally substituted the new promise itself. |
| Actual payment or legally effective discharge |
A credit or discharge to the extent established by the governing law and agreement. |
Which component received the credit, or that every obligation in the litigation was discharged. |
| Receipt or canceled check |
Evidence of an event and sometimes its purpose. |
Conclusive settlement scope, recipient authority, or satisfaction of every legal condition. |
| Partial payment |
Reduction by a properly credited amount. |
Full satisfaction or release of every lien. |
| Satisfaction entry |
The statutory record act, with the discharge effect specified in § 602(d). |
An unchallengeable entry despite fraud, failed condition, or lack of authority. |
| Judgment reversal or vacation |
A different disposition of the judgment. |
Proof that the creditor was paid or that every restitution issue has been resolved. |
| Judgment-lien release |
Release of the particular lien or property interest within its scope. |
Full discharge of the personal obligation. |
| Writ or garnishee discharge |
Termination or release under the applicable order/statute. |
Satisfaction of unrelated judgments or property claims. |
| Court deposit |
Custody of money and, under an applicable rule or order, potentially a legally recognized payment. |
Universal satisfaction merely because money reached a clerk. |
| Record correction |
Correction or replacement of a specified entry through proper authority. |
Permission for unilateral substantive alteration of a judgment or satisfaction. |
C001–C005, C018, C044, C062–C069.
Section 16-65-601 requires the clerk’s memorandum to identify the judgment’s disposition and its date and record reference. It includes satisfaction, reversal, and setting aside as different dispositions. The statute does not make those events interchangeable. Justia Law
A2. Actor and authority matrix
| Actor |
Necessary authority or evidence |
Bounded consequence |
| Original judgment creditor |
Identity of the judgment and continuing entitlement; any transfer or authority limitation. |
May receive performance and take the statutory steps, but cannot be assumed still entitled after an effective transfer. |
| Genuine assignee/debt buyer |
Actual written transfer, applicable acknowledgment/filing, scope, and authority. |
Assignment price is not debtor payment. The assignment does not create missing compromise authority or eliminate applicable defenses. |
| Servicer or collection agent |
Authority to receive money, settle, waive a remainder, or sign satisfaction must be separately identified. |
Receiving authority is not automatically compromise authority. |
| Attorney |
Actual authority to compromise; attorney-of-record status for the particular statutory entry route. |
Veasey recognizes specific authority; Terra rejects an unsupported compromise. |
| Agent signing satisfaction |
Section 602 requires written authority under the plaintiff’s hand, filed with the relevant clerk. |
A generic servicing label or oral assurance does not establish that statutory requirement. |
| Clerk |
Execution return, proper acknowledgment, or court order supporting the entry. |
Clerk bookkeeping does not independently adjudicate a disputed compromise or balance. |
| Sheriff or other executing officer |
Actual writ, return, receipts, lawful charges, and court orders. |
Custody, collection, return, and payment-over are distinct events. |
| Garnishee |
Applicable garnishment order and the statutory discharge or termination route. |
A garnishee’s release regarding surrendered property is not necessarily full satisfaction of the debtor’s judgment. |
| Joint obligor/cosigner |
Actual judgment, contract, release language, instrument status, and contribution rules. |
No universal rule that releasing one person releases all, or that paying once permits another collection of the same satisfied judgment. |
C006–C013. Section 16-65-120 addresses written, acknowledged, filed judgment transfers and notice consequences. It is not a complete chain-of-title or settlement-authority certificate. Justia Law
Receipt, compromise, and entry authority
The statute allows entry by an attorney of record, but that does not establish that the attorney had authority to accept less than the obligation in exchange for a release.
Veasey affirmed enforcement where the client specifically authorized the compromise and later changed her mind. Terra reversed an enforced settlement where the material agreement and authority were not established. Those holdings concern actual proof, not a universal requirement that every settlement use one particular form. C007–C009, C014.
B. Payment, compromise, and allocation
B1. Ordinary compromise and accord
| Question |
Supported rule |
Required facts and limits |
| Was there a settlement? |
Ordinary contract elements and objective mutual agreement apply. |
Competent parties, subject matter, legally sufficient consideration where required, agreement, obligation, and actual authority. |
| Who proves accord and satisfaction? |
Parrish treats it as an affirmative defense requiring the relevant agreement and performance. |
The defense is not established merely by a receipt or lien payment. |
| Must the accord be performed? |
Lyle distinguishes an unperformed accord from satisfaction. |
Part performance ordinarily supplies a credit, not necessarily complete discharge. |
| Can the new promise itself replace the original obligation? |
Lyle recognizes that different arrangement if actually established. |
Do not presume substitution merely because a payment plan exists. |
| Can rights be relinquished without consideration? |
Applicable UCC §§ 1-306 and 3-604 provide specific routes. |
Their scope and record/authority requirements must be met; they are not universal judgment-release statutes. |
| Does a settlement offer admit the underlying debt? |
Evidence Rule 408 restricts specified uses of compromise evidence. |
It does not render every settlement document inadmissible for every purpose, including a dispute about the agreement itself. |
| Does a proposed compromise stop execution? |
No automatic stay was established. |
An applicable statute and court order or other legally effective arrangement must be identified. |
C014–C021, C055–C057, C076.
In Lyle, partial performance did not automatically satisfy the claimed accord. The court required the factfinder to distinguish an accepted substitute promise from an agreement requiring completed performance, and to credit amounts actually received. The decision predates the modern UCC and does not replace its instrument-specific rules. Justia Law
B2. “Paid in full” instruments: the actual § 4-3-311 conditions
| Element or exception |
Textually required inquiry |
Consequence |
| Instrument |
Is the payment an instrument within the applicable Article 3 provisions? |
A generic online payment, ACH transfer, or account message is not automatically treated as a negotiable instrument. |
| Good faith |
Honesty in fact and observance of reasonable commercial standards of fair dealing. |
A notation alone does not prove good faith. |
| Unliquidated or bona fide disputed claim |
The asserted claim must satisfy this predicate. |
A fixed judgment is not made disputed merely by writing “paid in full.” |
| Claimant obtains payment |
The instrument was actually paid within the statutory setting. |
Tender or a pending check alone does not satisfy this element. |
| Conspicuous full-satisfaction statement |
Statement in the instrument or accompanying written communication; current conspicuousness definition and facts. |
The court decides the statutory conspicuousness question. |
| Organization’s designated recipient |
Timely prior conspicuous designation and nonreceipt at that destination, subject to subsection (d). |
The exception is not established by an undisclosed internal processing policy. |
| Repayment route |
Claimant proves tender of repayment within 90 days after payment of the instrument, subject to the statutory exclusions and knowledge override. |
This is tender of repayment under the actual statute—not an invented general ninety-day cancellation right. |
| Knowledge override |
Claimant or directly responsible agent knew of the full-satisfaction tender within the specified reasonable time before collection began. |
Can defeat reliance on subsection (c), on the statute’s facts. |
| Reservation of rights |
Section 4-1-308’s general reservation provision does not apply to accord and satisfaction. |
Crossing out language or writing “under protest” is not a universal cure. |
C022–C031. The complete material § 311 body and its original 1991 enactment were read. Justia Law
Contrasting published applications
Hardison: A real dispute existed over painting work and the amount due. The payee accepted and collected the full-satisfaction check after altering the notation. The court found accord and satisfaction on that record.
Rouse: The jury’s judgment amount was fixed and not disputed in the relevant sense. The check referred to the judgment, not the separate attorney-fee claim. The court reversed the order setting aside the fee award.
These cases do not establish that every full-payment check succeeds or fails. C032–C033. Justia Law+1
B3. Payment method and discharge are not the same for every transaction
| Method or event |
Governing distinction |
Hold |
| Certified, cashier’s, or teller’s check taken for an obligation |
Section 3-310(a), unless otherwise agreed, gives the stated money-equivalent discharge effect. |
Actual qualifying instrument, acceptance, agreement, authenticity, and scope. |
| Ordinary uncertified check or note |
Section 3-310(b) ordinarily suspends the obligation to the stated extent until payment/certification or dishonor. |
Suspension is not an irrevocable final payment or a universal stay of every process. |
| Dishonor |
Section 3-310 provides conditional alternatives for enforcing the instrument or obligation. |
It does not authorize double recovery. |
| Payment to person entitled to enforce |
Section 3-602 applies its actual recipient and obligor conditions. |
Under § 3-301, “person entitled to enforce” is not invariably identical to owner; all particular predicates remain necessary. |
| Payment to former note enforcer |
Section 3-602(b) has adequate-notification and reasonable-transfer-proof conditions. |
Do not generalize this note provision to every judgment or electronic payment. |
| Known injunction, adverse claim, or stolen instrument |
Section 3-602(e) contains material exceptions. |
Ordinary payment language does not erase those exceptions. |
| Tender refused |
Section 3-603 can have specified consequences for secondary parties and later interest. |
Tender is not automatically payment of principal or satisfaction of the judgment. |
| Signed renunciation |
Current § 3-604 permits specified discharge with or without consideration; § 1-306 addresses covered breach rights. |
Actual scope, authorized person, intent, and signed record are required. |
| Check destroyed for imaging |
Act 997 says specified physical destruction alone does not discharge the obligation. |
This is not a general rule about every electronic transfer or lost instrument. |
C019–C021, C034–C041. Justia Law+2
B4. Allocation and joint obligations
The models do not import an interest-first rule from another pass. The actual order, agreement and applicable statute must establish how a payment is allocated among principal, interest, costs and fees.
Similarly, § 4-3-116 concerns the specified instrument signers and contribution. It does not resolve every joint judgment, guaranty, covenant not to sue, or reserved-rights release. Jewell did not decide the asserted joint-release merits; its appeal was dismissed. Bollinger establishes the separate principle that a satisfied judgment does not support a second payment of that same judgment from the appeal-bond surety on its facts. C011–C013, C042–C044. Justia Law+1
C. Satisfaction entry: actors, trigger, form, proof, and consequences
C1. Section 16-65-602 matrix
| Branch |
Actor and trigger |
Required act / unit |
Consequence and qualification |
| Execution return |
Clerk; whole judgment appears satisfied by the return. |
Enter the specified satisfaction-by-execution notation. |
No sixty-day grace period is stated in this branch. |
| Otherwise satisfied |
Party or attorney after satisfaction outside execution. |
Enter satisfaction within 60 days thereafter, dated and signed. |
Trigger is satisfaction, not a later request. |
| Voluntary acknowledgment |
Plaintiff personally, attorney of record, or specially authorized agent. |
Agent’s written authority must be filed with the court clerk. |
Statutory authority to enter is not proof of authority to negotiate a discount. |
| Court compulsion |
Court on motion and notice. |
Section (b)(2) authorizes compelling entry. |
Do not silently add a condition absent from this clause; subsection (c) separately addresses neglect after the prescribed time. |
| Neglect/refusal after prescribed time |
Interested party gives notice to adverse party or attorney and applies. |
Court determines whether full satisfaction was received. |
Disputed balance, authority, condition or payment requires evidence. |
| Court finds full satisfaction |
Court directs clerk. |
Entry has the same effect as acknowledgment by the party. |
A motion’s allegation is not the finding. |
| Failure to make timely entry |
Person receiving satisfaction who neglects/fails. |
Statutory forfeiture between $5 and $150, recovered in an action founded on the provision. |
Not $150 automatically, not a daily penalty, and not an automatic damages judgment. |
| Application costs |
Party refusing acknowledgment after conditions are met. |
Costs attending the application are recoverable as stated. |
Roberts holds this is not itself attorney-fee authorization. |
| Proper satisfaction entered |
Entry in accordance with the section. |
Judgment/decree discharged and released. |
Scope and possible grounds to set aside an improper satisfaction remain distinct. |
C045–C052. Justia Law+1
What the statute does not establish here
The section does not supply a verified universal partial-satisfaction form, a universal partial-credit entry deadline, a statewide electronic-filing workflow, or a universal requirement that the acknowledgment be notarized. An agent’s filed written authority and an assignment’s acknowledgment are separate requirements.
No current all-in filing, recording, certification or service-charge schedule was established. Unknown is not zero. C060, C087–C088.
C2. Judicial setoff is not imaginary cash
Section 16-65-603 permits money judgments to be set off with due regard to all interested persons’ legal and equitable rights. It supplies a motion-with-notice route for judgments in the same court and the stated equitable-action route otherwise.
In Roberts, the court protected interested parties through notice and a hearing, then recognized setoff and satisfaction. The result was not based on pretending that one party had physically paid the other. Section 604 supplies a separately conditioned judicial stay for potential setoff rights; it does not authorize unilateral bookkeeping subtraction or an automatic stay upon assertion. C053–C055. CaseMine+1
C3. Proof, service, correction, and the pending-motion boundary
Rules 7 and 43 provide relevant motion and evidentiary mechanisms. Rule 5 distinguishes later-paper service from initial process and has a postjudgment continuing-jurisdiction qualification. Those rules must be integrated with § 602’s notice language; this report does not certify that serving any former attorney always suffices.
Rule 60(b) addresses clerical error, while Rule 70 and § 16-65-115 address compliance with a judgment requiring a specific act under their conditions. They are not general permission to rewrite a settlement or erase a substantive dispute as a clerical correction. C056–C057, C062–C065.
Fields treated the entered satisfaction as operative until properly set aside and recognized circumstances in which satisfaction might be challenged. Its special-assessment foreclosure posture does not supply a universal modern vacatur procedure. Jewell confirms that a satisfaction motion was not automatically deemed denied under the rule relied on there; it did not adjudicate the alleged release of the other obligors. C062–C064. Justia Law+1
D. Required cleanup and limited overcollection mechanisms
D1. Cleanup matrix
| Record or process |
Necessary distinction |
Verified step or remaining hold |
| Judgment book/docket |
Payment evidence and satisfaction entry are different. |
Sections 601–602 identify the entry routes and effect. |
| Recorded judgment lien |
Full discharge of the underlying judgment differs from updating every record where it appears. |
Section 117 identifies lien-recording predicates; no complete automatic cross-county transmission procedure was established. |
| Partial lien release |
May concern only a parcel, interest, or specified lien. |
It does not necessarily discharge the personal obligation. |
| Execution already issued |
A private proposed compromise is not a statutory stay. |
Section 16-66-301 requires the stated petition, notice, court determination, and security conditions. |
| Officer receives stay order |
A court’s action must reach the officer through the prescribed route. |
Section 301(c) directs return of the execution after the certified order is delivered. |
| Property during specified stay |
Staying collection is not necessarily releasing the existing execution attachment. |
Section 301(b)(2) preserves the stated bound-property status during the stay. |
| Employer garnishment |
Continuing lien is limited by the balance and statutory termination events. |
Section 415 ends it when paid/satisfied, with specified earlier termination events. No payroll formula is repeated. |
| Garnishee surrender/discharge |
Discharge concerns covered property and responsibility. |
§§ 409–411 require their particular surrender, adjudication or judgment predicates. |
| Clerk registry |
Held money may or may not be legally credited. |
State Rule 67 body was not obtained; actual order and governing law remain necessary. Federal Local Rule 58.2 is a separate comparison. |
| Excess held by officer |
Actual excess and proper recipient must be proved. |
Section 16-65-202 contains a narrow willful-failure-after-demand remedy, not a universal refund statute. |
| Mortgage record |
Judgment satisfaction does not necessarily satisfy the separate mortgage record. |
Barnett and § 18-40-104 illustrate a distinct regime; full secured-debt analysis deferred. |
| Credit reporting |
Court entry is not itself proof of a completed reporting update. |
Full FDCPA/FCRA/reporting duties are outside this pass. |
C066–C086.
Execution procedure and exclusivity
Lone reversed a stay unsupported by the required execution-specific grounds and security. Battle described the statutory procedure for staying or vacating writs as exclusive in that context, but did not treat it as barring the pleaded intentional-wrongful-seizure damages action.
Thus, the cases do not support either extreme: “any settlement motion stops the writ” or “the execution statutes eliminate every other remedy.” General Rule 62 stays and current procedural integration still require their actual predicates. C070–C076. Justia Law+1
D2. Limited officer-default provisions
Section 16-65-202 requires the appropriate motion, notice, actor and conduct. Act 1151 of 2003 added the material willfulness language.
| Provision |
Narrow predicate |
Stated consequence |
| § 202(c)(1) |
Specified officer willfully fails, after demand, to return execution-sale excess after judgment and costs. |
Amount plus 5% per month after demand, under the statute’s procedure. |
| § 202(c)(2) |
Willful failure to return an execution wholly or partly satisfied. |
25% on the amount paid, under the stated procedure. |
| § 202(c)(3) |
Willful failure on demand to pay over execution money in the specified enjoined/reversed/set-aside/suspended/quashed setting. |
Amount plus the stated 5% per month from the returnable-time trigger. |
These are not automatically applicable to a private collector, an ordinary disputed refund, or every clerk-held amount. No award is calculated. Full official-liability defenses, immunity, limitation periods, and other restitution theories remain deferred. C081–C085. Arkansas Legislature+1
D3. Public form and federal comparison
The municipal-hosted Springdale District Court, Civil & Small Claims Division, Satisfaction of Judgment blank was visually inspected. It has case identification, date, full-satisfaction language and a plaintiff signature line. It does not display a partial-credit schedule, a universal service certificate, or a revision/adoption date.
The form is evidence of a published local blank, not a statewide rule. Its plaintiff signature line does not repeal § 602’s attorney or authorized-agent alternatives. C087.
The official federal Eastern and Western Districts of Arkansas Local Rule 58.2 also was read. Its text recognizes satisfaction notation through the listed creditor/attorney, marshal-return, and court-registry-payment routes. It is a federal local rule, not an Arkansas state rule or proof that any state clerk deposit suffices. C002, C080.
E. Enactment, currentness, and published-opinion matrices
E1. Material enacted/adopted changes
| Authority |
Material change read |
Date and limit |
| Act 572 of 1991, § 5 |
Enacted Article 3 payment/instrument accord provisions examined. |
Approved March 15, 1991; exact default commencement not independently authenticated. |
| Act 1184 of 1993, § 1 |
Amended § 16-65-604 setoff-related stay. |
Emergency clause; effective on approval, April 16, 1993. |
| Act 276 of 1995, § 1 |
Continuing wage-garnishment termination language. |
Approved February 13, 1995; exact commencement held. |
| Act 1151 of 2003, § 1 |
Willfulness in specified officer-default remedies. |
Approved April 8, 2003; exact default commencement held. |
| Act 1185 of 2003, §§ 196, 199 |
Material judgment-transfer and setoff terminology amendments. |
Approved April 9, 2003; selected sections only, not the whole act. |
| Act 856 of 2005 |
Material payment-to-former-enforcer, discharge and UCC provisions. |
Approved March 15, 2005; exact default commencement held. |
| Act 997 of 2025 |
Current conspicuousness, signed-record, instrument-definition and check-imaging provisions. |
Approved April 22, 2025; expressly effective September 1, 2026, with saving provisions. |
| 2026 Ark. 109 |
Rule 6(d) expressly addresses court electronic-filing service. |
Finally adopted and effective June 4, 2026; not merely the earlier proposal. |
None of these is an enactment of the entire current § 602. That section’s current official consolidated body and complete historical chain were not obtained. Its 2025 reproduction was compared with the actual statutory text quoted and applied in published opinions.
E2. Published-opinion matrix
| Authority / source |
Court/date; posture and narrow holding |
Disposition, limits and reading status |
| Rouse v. Myers, 2013 Ark. App. 313 — S025 |
Court of Appeals, May 8, 2013. Fixed judgment payment and separate attorney-fee claim; § 311 predicates not satisfied as asserted. |
Reversed the setting aside of fees. Material majority pp.3–5 read; not a blanket rule about every disputed judgment. |
| Hardison v. Jackson, 45 Ark. App. 49 — S026 |
March 2, 1994. Disputed painting claim; full-payment notation altered before collection. |
Reversed; cross-appeal dismissed as moot. Actual dispute and acceptance mattered; statutory exceptions still require separate application. |
| Terra Land Services v. McIntyre — S027 |
February 20, 2019. Enforced settlement lacked the necessary agreement and attorney authority. |
Reversed/remanded. Actual majority § III read; unsigned draft alone not the sole rule. |
| Veasey v. Joshlin, 257 Ark. 422 — S028 |
Arkansas Supreme Court, December 23, 1974. Client specifically authorized settlement, then changed mind. |
Affirmed. Actual reproduced ¶¶1–5 read; no fraud/overreaching on the record. |
| Roberts v. Feltman, 55 Ark. App. 142 — S029 |
November 6, 1996. Setoff, assignment notice, satisfaction and costs. |
Satisfaction upheld; fee award modified because § 602 costs did not authorize attorney fees. Contribution/secured origins disclosed. |
| Fort Smith Service Finance v. Parrish, 302 Ark. 299 — S030 |
Arkansas Supreme Court, May 14, 1990. Payment releasing a hospital lien did not establish accord discharging the personal judgment. |
Reversed/remanded; actual payment still credited. Specialized lien procedure not generalized. |
| Lyle v. Federal Union Insurance, 206 Ark. 1123 — S031 |
March 20, 1944. Alleged compromise not fully performed; checks were short. |
Reversed/remanded for new trial. Distinguishes performance from accepted substitute promise; predates modern UCC. |
| Fields v. Jarnagin, 210 Ark. 1054 — S032 |
January 20, 1947. Entered satisfaction of special-assessment decree barred later proceedings on it absent proper relief. |
Affirmed. Historical tax/land posture; general satisfaction effect not a full modern vacatur rule. |
| Bisbee v. Decatur State Bank, 2010 Ark. App. 459 — S033 |
June 2, 2010. In-rem satisfaction language read with the decree and property-specific recovery. |
Affirmed. Did not convert limited property credit into full personal-debt discharge. |
| Bollinger v. Farm Credit Midsouth, 2021 Ark. App. 112 — S034 |
March 10, 2021. Paid/satisfied judgment could not be collected again from appeal-bond surety. |
Affirmed; separate penalty/fee claim was not reached because no ruling was preserved. No ordinary-debt insurance penalty imported. |
| Jewell v. Moser, 2012 Ark. 267 — S035 |
Arkansas Supreme Court, June 14, 2012. Satisfaction motion and appellate timing. |
Appeal dismissed. No merits holding that release of some obligors released the appellant. Historical appeal-rule application only. |
| Barnett v. Bank of Malvern, 176 Ark. 766 — S036 |
March 26, 1928. Satisfaction of foreclosure judgment did not satisfy separate mortgage-record duty. |
Reversed. Mortgage demand/penalty rule not imported into § 602. |
| Battle v. Harris, 298 Ark. 241 — S037 |
March 13, 1989. Execution procedure versus pleaded intentional seizure of nondebtor property. |
Dismissal reversed. Statutory writ procedure did not foreclose the pleaded separate damages theory; full tort/immunity law deferred. |
| Lone v. Koch, 2015 Ark. App. 373 — S038 |
June 17, 2015. Execution stay lacked required predicate/order/security; proposed settlement did not itself dispose of litigation. |
Direct appeal affirmed; cross-appeal reversed/remanded. Only necessary settlement/stay portions used. |
Excluded as substantive authority: Forsgren, Inc. v. Matlock Electric (September 29, 2004) expressly says “NOT DESIGNATED FOR PUBLICATION.” Its body was encountered, but no substantive proposition is adopted from it because the current citation rule restricts pre-July 1, 2009 unpublished opinions outside its stated exceptions. It is recorded separately, not counted among the fourteen published merits authorities.
No full current citator was obtained. Quoted underlying cases were not counted as freshly read.
F. Four worked fictional models
All actors, judgments, agreements, dates, instruments, payments and orders are fictional. No actual payment, authority, settlement, filing deadline, title condition or remedy is determined.
M01 — $10,000 principal, $600 interest, $400 costs, and a $2,000 actual credit
Stipulated facts
The model stipulates:
- Principal: $10,000.
- Lawful accrued interest: $600.
- Allowed costs: $400.
- Actual, authorized, unreversed credit: $2,000.
- No additional interest, costs or fees accrue in the positive branch.
10,000+600+400=11,00010,000+600+400=\boxed{11,000}10,000+600+400=11,00011,000−2,000=9,00011,000-2,000=\boxed{9,000}11,000−2,000=9,000### Allocation is not supplied by that arithmetic
Let cP,cI,cCc_P,c_I,c_CcP,cI,cC be the legally applicable portions of the $2,000 credit:
cP+cI+cC=2,000c_P+c_I+c_C=2,000cP+cI+cC=2,000| Component | Opening | Credit | Remaining |
| --- | --- | --- | --- |
| Principal | $10,000 | cPc_PcP | 10,000−cP10,000-c_P10,000−cP |
| Interest | $600 | cIc_IcI | 600−cI600-c_I600−cI |
| Costs | $400 | cCc_CcC | 400−cC400-c_C400−cC |
| Total | $11,000 | $2,000 | $9,000 |
The model does not select an interest-first or costs-first rule.
Proposed versus actual payment
- A proposed $9,000 payment produces $0 new credit.
- A pending payment instruction or unreceived ordinary check does not establish the stipulated completed-payment event.
- If an actual legally effective $9,000 payment is credited and no other lawful amount remains, the modeled balance reaches zero:
9,000−9,000=09,000-9,000=\boxed{0}9,000−9,000=0That does not prove the satisfaction entry was made, every writ was terminated, or every record was updated.
Adverse branch: Let LLL represent additional lawful, proved amounts not included in the stipulation. The balance after the actual $9,000 payment would be LLL, not automatically zero. Conversely, an asserted but unauthorized charge cannot be added merely because it appears on a demand. C042–C044, C093.
M02 — Authorized $6,000 conditional compromise of a $9,000 remainder
Legal assumptions
Assume a genuine authorized agreement, supported by any required consideration or other applicable discharge basis, expressly conditions the $3,000 release on completed receipt of $6,000. Its scope includes the entire stipulated $9,000 remainder. No later charge is assumed.
Completed-payment branch
| Item |
Amount |
| Opening obligation |
$9,000 |
| Actual received and credited money |
−$6,000 |
| Remaining before conditionally effective release |
$3,000 |
| Noncash release that becomes effective on the stipulated condition |
−$3,000 |
| Remaining obligation |
$0 |
9,000−6,000−3,000=09,000-6,000-3,000=\boxed{0}9,000−6,000−3,000=0Cash received is $6,000, not $9,000. Forgiveness is $3,000, not another payment.
Pending-check branch
Assume an ordinary uncertified check is taken but has not been paid:
- Actual completed cash credit: $0.
- Conditional forgiveness: not yet established.
- Nominal unreleased obligation: $9,000.
Section 3-310 may suspend enforcement to the applicable extent while the check is pending. The model therefore does not say the creditor may immediately collect all $9,000 despite the instrument.
Dishonor branch
If the check is dishonored and no substitute-promise or other discharge applies:
9,000−0−0=9,0009,000-0-0=\boxed{9,000}9,000−0−0=9,000No dishonor fee or additional interest is invented.
Authority-gap branch
If the recipient had authority to receive and credit $6,000 but lacked authority to release the rest:
9,000−6,000=3,0009,000-6,000=\boxed{3,000}9,000−6,000=3,000That $3,000 remains a disputed legal question if other release, ratification or statutory facts are asserted. If even receipt authority is unproved, the credit itself requires analysis.
A cashier’s-check or signed-renunciation branch can differ under the applicable statute; it must not be silently substituted for the ordinary-check facts. C007–C021, C026–C041, C094.
M03 — Satisfaction-entry timeline
Branch A: completed satisfaction on August 3
Assume full legal satisfaction outside execution is received on Monday, August 3, 2026. The interested party sends a request on August 10.
Section 602(b)(1)’s trigger is August 3, not August 10.
Under the examined Rule 6(a) computation, excluding the triggering day:
| Interval |
Count |
| August 4–31 |
28 days |
| September 1–30 |
30 days |
| October 1–2 |
2 days |
| Total |
60 days |
Conditional endpoint: Friday, October 2, 2026.
Intermediate weekends and holidays are not excluded from a sixty-day period under that rule. No additional three service days are added merely because the payment or later request traveled by mail or electronically.
Branch B: check delivered August 3, legally paid August 6
Assume instead that the legally relevant satisfaction event occurs on Thursday, August 6:
| Interval |
Count |
| August 7–31 |
25 |
| September |
30 |
| October 1–5 |
5 |
| Total |
60 |
Conditional endpoint: Monday, October 5, 2026.
The correct trigger depends on the instrument, agreement, receipt and discharge law—not simply the date on the check.
Branch C: full satisfaction appears by execution return
If the whole judgment is shown satisfied by a proper execution return, § 602(a) assigns the clerk’s entry duty. The separate sixty-day outside-execution branch is not imported as a grace period.
Noncompliance and remedy
If entry is missing after the applicable period, the statutory notice, court application, proof and separate forfeiture provisions must be evaluated. A missing entry does not itself award $150 or attorney fees. Section (b)(2)’s motion-and-notice authority is not rewritten as though it contains every condition of subsection (c).
No actual court calendar, e-filing cutoff, holiday closure or service event is supplied. C045–C061, C095.
M04 — Satisfied judgment, unapplied funds, and duplicate-credit risk
Positive branch: held money was never credited
Assume:
- Opening judgment balance: $5,000.
- Earlier actual credits: $2,000.
- Later direct actual payment: $3,000.
- Separate garnishment money held by clerk: $900, not yet credited.
- Separate sheriff-held money: $400, not yet credited.
- No additional lawful charges.
Judgment:
5,000−2,000−3,000=05,000-2,000-3,000=\boxed{0}5,000−2,000−3,000=0Held money:
900+400=1,300900+400=\boxed{1,300}900+400=1,300Assume a proper order establishes the recipient and authorizes return of both held amounts:
0+1,300−1,300=0 remaining held cash0+1,300-1,300=\boxed{0\text{ remaining held cash}}0+1,300−1,300=0 remaining held cashThe $1,300 return is not a second reduction of the already-zero judgment. The creditor’s total credited recovery remains $5,000.
The satisfaction entry, each writ/order, and each relevant recorded lien still require their proper treatment. No title condition is certified.
Adverse branch: the clerk’s $900 was already remitted and credited
Then the true balance before the later direct payment was:
5,000−2,000−900=2,1005,000-2,000-900=\boxed{2,100}5,000−2,000−900=2,100A subsequent $3,000 payment produces a potential overcollection:
3,000−2,100=9003,000-2,100=\boxed{900}3,000−2,100=900The sheriff still holds $400 unapplied.
Potential cleanup, only if legally ordered or otherwise established:
- $900 returned by the recipient of the overpayment.
- $400 returned from the sheriff-held fund.
- Total returned: $1,300.
Cash conservation:
2,000+900+3,000+400=6,300 total funds transferred2,000+900+3,000+400=6,300\text{ total funds transferred}2,000+900+3,000+400=6,300 total funds transferred6,300−900−400=5,000 retained for the judgment6,300-900-400=\boxed{5,000\text{ retained for the judgment}}6,300−900−400=5,000 retained for the judgmentThe clerk’s $900 cannot be treated both as already paid to the creditor and as still available for a second clerk refund. No officer penalty is assumed. C070–C086, C096.
G. Sixteen additional fictional postures
| Posture |
Fictional situation |
Stage, rule, required fact and hold |
| P01 — Partial payment |
Debtor pays one-quarter of the current lawful balance. |
Actual credit does not prove full satisfaction; no universal partial-entry clock established. C003, C060. |
| P02 — Full payment with unresolved fee |
Fixed judgment paid; separate fee claim remains pending. |
Apply actual scope and Rouse; do not assume all claims ended. C033. |
| P03 — Unreceived tender |
Debtor prepares a transfer but recipient never receives it. |
Tender/payment/discharge differ; no automatic zero balance. C035–C041. |
| P04 — Authorized compromise |
Creditor expressly authorizes defined discounted performance. |
Formation, authority, scope and completed conditions required. C007–C017. |
| P05 — Disputed full-payment check |
A bona fide disputed claim is paid by a conspicuously conditioned instrument. |
Apply every § 311 element and exception; notation alone insufficient. C022–C031. |
| P06 — Online payment |
Consumer writes “full settlement” in an online memo. |
Article 3 instrument status and ordinary agreement must be established. C022, C034. |
| P07 — Dishonor |
Ordinary settlement check is returned unpaid. |
Suspension/discharge and actual settlement condition differ; no invented fee. C036–C037. |
| P08 — Genuine assignee |
Judgment is validly transferred at a discount. |
Purchase price is not a debtor credit; actual current authority still required. C006, C010. |
| P09 — Servicer promise |
Servicer accepts money but its discount authority is unclear. |
Receipt authority and waiver authority must be separately proved. C007–C009. |
| P10 — Attorney authority gap |
Attorney says a case is settled without client approval. |
Terra and Veasey require actual authority; statement alone insufficient. C007–C008. |
| P11 — Joint obligors |
One debtor obtains a limited release while another remains named. |
Actual release scope and applicable joint/guaranty law; Jewell supplies no merits answer. C011–C013. |
| P12 — Court deposit |
Funds enter a court registry pending dispute. |
Actual order and governing rule determine credit; federal Local Rule 58.2 is not a universal state rule. C080. |
| P13 — Pending writ |
Parties negotiate while officer holds an execution. |
No automatic stay; § 301 and proper order/notice matter. C070–C076. |
| P14 — Duplicate collection |
Direct payment and garnishment arrive close together. |
Reconcile credited versus held funds and actual return authority. C081–C085, C096. |
| P15 — Demand and missing entry |
Full satisfaction occurred; later request is ignored. |
Ordinary sixty-day trigger remains satisfaction, not request; penalty and court relief require predicates. C046–C052. |
| P16 — One county or special jurisdiction |
Entry appears in one court but another record, tribal proceeding, foreign judgment or secured instrument exists. |
No automatic all-record/all-obligation release; specific law and records remain held. C066–C069, C092. |
H. Complete source and access register
Register conventions
All substantive reads and attempts below occurred October 27, 2026, Pacific and UTC. Exact individual opening times are unknown.
- P: official primary enactment or official rule/form body.
- R: actual judicial or rule text reproduced by a nonofficial host.
- M: secondary codification.
- G: generic official form/index.
- F: failed or materially incomplete access.
Grouped sections and repeated URLs are not independent corroboration. A 2025 mirror, approval date, publisher update, form filename, and legal commencement date are different evidence.
H1. Statutes and enacted amendments
| Source ID |
Issuer/title/full literal HTTPS URL |
Actual portion read, dates and limits |
| S_AR-P15-S001 |
§§16-65-601–602. https://law.justia.com/codes/arkansas/title-16/subtitle-5/chapter-65/subchapter-6/section-16-65-601/ ; https://law.justia.com/codes/arkansas/title-16/subtitle-5/chapter-65/subchapter-6/section-16-65-602/ ; comparison https://codes.findlaw.com/ar/title-16-practice-procedure-and-courts/ar-code-sect-16-65-602/ |
M: complete material bodies. Justia2025; FindLaw March28,2024. Compared with actual judicial quotations; current official integrated body/original historical enactment not obtained. |
| S_AR-P15-S002 |
§§16-65-603–604. https://law.justia.com/codes/arkansas/title-16/subtitle-5/chapter-65/subchapter-6/section-16-65-603/ ; https://law.justia.com/codes/arkansas/title-16/subtitle-5/chapter-65/subchapter-6/section-16-65-604/ |
M,2025: complete setoff and conditional stay bodies. Selected enactment support below. |
| S_AR-P15-S003 |
Arkansas General Assembly, Act1184/1993. https://arkleg.state.ar.us/Acts/FTPDocument?ddBienniumSession=1993%2FR&file=1184.pdf&path=%2FACTS%2F1993%2FPublic%2F |
P: complete two pages, text/images; §1 and §5 emergency. Approved/effective April16,1993. |
| S_AR-P15-S004 |
§§16-65-120,117,115. https://law.justia.com/codes/arkansas/title-16/subtitle-5/chapter-65/subchapter-1/section-16-65-120/ ; https://law.justia.com/codes/arkansas/title-16/subtitle-5/chapter-65/subchapter-1/section-16-65-117/ ; https://law.justia.com/codes/arkansas/title-16/subtitle-5/chapter-65/subchapter-1/section-16-65-115/ |
M,2025: transfer/filing, material lien-recording provisions and specific-act decree. Renewal, title and secured-law matters not completed. |
| S_AR-P15-S005 |
Act1185/2003. https://arkleg.state.ar.us/Home/FTPDocument?path=%2FACTS%2F2003%2FPublic%2FACT1185.pdf |
P: §§196,199, printed78/PDF77, image/text; approval April9,2003. Entire118-page act not read; exact default commencement held. |
| S_AR-P15-S006 |
Article3 definitions/scope: https://law.justia.com/codes/arkansas/title-4/subtitle-1/chapter-3/part-1/section-4-3-102/ ; https://law.justia.com/codes/arkansas/title-4/subtitle-1/chapter-3/part-1/section-4-3-103/ ; https://law.justia.com/codes/arkansas/title-4/subtitle-1/chapter-3/part-1/section-4-3-104/ ; https://law.justia.com/codes/arkansas/title-4/subtitle-1/chapter-3/part-3/section-4-3-301/ |
M: material scope, good faith, instrument/check and person-entitled-to-enforce definitions. §104’s pre-September2026 version qualified by S012. Full lost-instrument/holder doctrine deferred. |
| S_AR-P15-S007 |
§§4-3-310–311. https://law.justia.com/codes/arkansas/title-4/subtitle-1/chapter-3/part-3/section-4-3-310/ ; https://law.justia.com/codes/arkansas/title-4/subtitle-1/chapter-3/part-3/section-4-3-311/ |
M,2025: complete operative payment-effect and accord bodies, all material exceptions. |
| S_AR-P15-S008 |
Act572/1991. https://arkleg.state.ar.us/Acts/FTPDocument?ddBienniumSession=1991%2FR&file=572.pdf&path=%2FACTS%2F1991%2FPublic%2F |
P: §5 material §§3-310/311, printed23–25/PDF22–24; images printed24–25/PDF23–24. Approved March15,1991; entire68 pages and exact commencement not claimed. |
| S_AR-P15-S009 |
§§4-3-602–604. https://law.justia.com/codes/arkansas/title-4/subtitle-1/chapter-3/part-6/section-4-3-602/ ; https://law.justia.com/codes/arkansas/title-4/subtitle-1/chapter-3/part-6/section-4-3-603/ ; https://law.justia.com/codes/arkansas/title-4/subtitle-1/chapter-3/part-6/section-4-3-604/ |
M: payment/former-enforcer exceptions, tender and renunciation. Pre-effective §604 text updated through S012; no complete electronic-payment regime. |
| S_AR-P15-S010 |
§§4-1-306,308;4-3-116. https://law.justia.com/codes/arkansas/title-4/subtitle-1/chapter-1/part-3/section-4-1-306/ ; https://law.justia.com/codes/arkansas/title-4/subtitle-1/chapter-1/part-3/section-4-1-308/ ; https://law.justia.com/codes/arkansas/title-4/subtitle-1/chapter-3/part-1/section-4-3-116/ |
M: renunciation, reservation-of-rights exception, specified joint-instrument liability/contribution. §306 version updated with S012; complete guaranty law held. |
| S_AR-P15-S011 |
Act856/2005. https://arkleg.state.ar.us/Home/FTPDocument?path=%2FACTS%2F2005%2FPublic%2FACT856.pdf |
P: §16, printed22/PDF21; §29 printed32/PDF31; §§40–41 printed38–40/PDF37–39. Material images21,37–38 inspected. Approved March15,2005; exact default commencement and whole55-page act not claimed. |
| S_AR-P15-S012 |
Act997/2025. https://arkleg.state.ar.us/Home/FTPDocument?path=%2FACTS%2F2025R%2FPublic%2FACT997.pdf |
P: §1 conspicuousness printed2/PDF1; §4 printed8/PDF7; §§20–23 printed18–20/PDF17–19; saving printed100/PDF99; §100 printed103/PDF102, text/images. Approved April22,2025; effective September1,2026. Entire103 pages not read. |
| S_AR-P15-S013 |
§§16-66-301–303. https://law.justia.com/codes/arkansas/title-16/subtitle-5/chapter-66/subchapter-3/section-16-66-301/ ; https://law.justia.com/codes/arkansas/title-16/subtitle-5/chapter-66/subchapter-3/section-16-66-302/ ; https://law.justia.com/codes/arkansas/title-16/subtitle-5/chapter-66/subchapter-3/section-16-66-303/ |
M,2025: issued-execution petition, notice/security/order/return; related limits and alternative bond language read as boundaries. Complete current rule integration held. |
| S_AR-P15-S014 |
§16-65-202. https://law.justia.com/codes/arkansas/title-16/subtitle-5/chapter-65/subchapter-2/section-16-65-202/ |
M,2025: material (a), (c)(1)–(3) and actor distinctions; other officer provisions not used as a general remedy. |
| S_AR-P15-S015 |
Act1151/2003. https://arkleg.state.ar.us/Home/FTPDocument?path=%2FACTS%2F2003%2FPublic%2FACT1151.pdf |
P: §1, printed1–3/PDF0–2; images printed2–3/PDF1–2. Approved April8,2003; exact default commencement held. |
| S_AR-P15-S016 |
§§16-110-409–411,415. https://law.justia.com/codes/arkansas/title-16/subtitle-7/chapter-110/subchapter-4/section-16-110-409/ ; https://law.justia.com/codes/arkansas/title-16/subtitle-7/chapter-110/subchapter-4/section-16-110-410/ ; https://law.justia.com/codes/arkansas/title-16/subtitle-7/chapter-110/subchapter-4/section-16-110-411/ ; https://law.justia.com/codes/arkansas/title-16/subtitle-7/chapter-110/subchapter-4/section-16-110-415/ |
M,2025: surrender/discharge, adjudication and payment/satisfaction termination only. No wage or bank formula. |
| S_AR-P15-S017 |
Act276/1995. https://arkleg.state.ar.us/Acts/FTPDocument?ddBienniumSession=1995%2FR&file=276.pdf&path=%2FACTS%2F1995%2FPublic%2F |
P: §1 printed1/PDF0 image; approval text. Approved February13,1995; exact default commencement held. |
H2. Rules, forms, and necessary boundary law
H3. Published judicial bodies
All are actual opinion republications, not official current-law certificates. Material majority and disposition were read; unrelated specialized merits were not adopted.
| Source ID |
Court/title/full literal HTTPS URL |
Material reading and pinpoint |
| S_AR-P15-S025 |
Rouse, May8,2013. https://law.justia.com/cases/arkansas/court-of-appeals/2013/ca12-864.html ; PDF https://cases.justia.com/arkansas/court-of-appeals/ca12-864.pdf?ts=1462299009 |
R: majority printed3–5/PDF2–4; image printed4/PDF3. |
| S_AR-P15-S026 |
Hardison, March2,1994. https://law.justia.com/cases/arkansas/court-of-appeals/1994/ca-93-382-2.html |
R: majority 871 S.W.2d411–412, actual dispute/altered-check analysis and disposition. No PDF index asserted. |
| S_AR-P15-S027 |
Terra Land Services, February20,2019. https://caselaw.findlaw.com/court/crt-app-ark-div-i/1981980.html |
R: actual majority §§II–III and disposition; material agreement/authority facts. Unnumbered HTML; no PDF-page claim. |
| S_AR-P15-S028 |
Veasey, December23,1974. https://openjurist.org/257/ark/422/veasey-v-joshlin |
R: actual majority reproduced ¶¶1–5. Publisher’s automated treatment label not relied on. |
| S_AR-P15-S029 |
Roberts, November6,1996. https://www.casemine.com/judgement/us/5914827fadd7b0493449712d/amp |
R: actual majority after headnotes, numbered discussion [1]–[5], setoff/satisfaction and costs. Headnotes not used as holding proof. |
| S_AR-P15-S030 |
Fort Smith Service Finance v. Parrish, May14,1990. https://law.justia.com/cases/arkansas/supreme-court/1990/90-25-0.html |
R: majority 789 S.W.2d724–725, lien-versus-debt and accord analysis, disposition. |
| S_AR-P15-S031 |
Lyle, March20,1944. https://law.justia.com/cases/arkansas/supreme-court/1944/206-ark-1123.html |
R: majority 206 Ark.1127–1130, partial performance, substitute promise and remand. Quoted earlier cases not separately read. |
| S_AR-P15-S032 |
Fields, January20,1947. https://law.justia.com/cases/arkansas/supreme-court/1947/210-ark-1054.html |
R: material majority 210 Ark.1058–1061, satisfaction effect, exceptions and affirmance. Special assessment/title posture disclosed. |
| S_AR-P15-S033 |
Bisbee, June2,2010. https://law.justia.com/cases/arkansas/court-of-appeals/2010/45603.html ; PDF https://cases.justia.com/arkansas/court-of-appeals/45603.pdf?ts=1462298209 |
R: material majority printed7–10/PDF6–9; image printed8/PDF7. |
| S_AR-P15-S034 |
Bollinger, March10,2021. https://law.justia.com/cases/arkansas/court-of-appeals/2021/cv-19-635.html ; PDF https://cases.justia.com/arkansas/court-of-appeals/2021-cv-19-635.pdf?ts=1615392448 |
R: §III, printed6–8/PDF5–7; images printed6 and8. Separate fee/penalty merits not reached. |
| S_AR-P15-S035 |
Jewell, June14,2012. https://law.justia.com/cases/arkansas/supreme-court/2012/12-24.html ; PDF https://cases.justia.com/arkansas/supreme-court/12-24.pdf?ts=1462300287 |
R: material majority and dismissal; printed6/PDF5 image. Joint-release argument is not a holding. |
| S_AR-P15-S036 |
Barnett, March26,1928. https://law.justia.com/cases/arkansas/supreme-court/1928/176-ark-766.html |
R: majority 176 Ark.768–771. Historical mortgage statute and record distinction only. |
| S_AR-P15-S037 |
Battle, March13,1989. https://law.justia.com/cases/arkansas/supreme-court/1989/88-231-0.html |
R: actual majority 766 S.W.2d432–433, execution-route/exclusive-remedy distinction and reversal. |
| S_AR-P15-S038 |
Lone, June17,2015. https://law.justia.com/cases/arkansas/court-of-appeals/2015/cv-14-1067.html ; PDF https://cases.justia.com/arkansas/court-of-appeals/2015-cv-14-1067.pdf?ts=1434564363 |
R: relevant settlement boundary and cross-appeal §II, printed13–15/PDF12–14; image printed15/PDF14. General default/foreign-judgment doctrine not adopted. |
H4. Excluded authority and access failures
I. Atomic claim register
Types: T direct text; H published holding; I reasoned inference; C expressly conditional model; G unresolved source/application gap. Every entry retains its source’s version and factual limits.
I1. Objects, authority, compromise, and instruments
| Claim ID |
Actor/stage/predicate |
Step or consequence |
Source/pinpoint; type and hold |
| S_AR-P15-C001 |
Any satisfaction analysis |
Separate payment, compromise, entry, lien release, writ termination and reversal. |
S001–S004,S030,S036; T/H/I. |
| C002 |
Noncash or court-mediated satisfaction |
Valid setoff or an applicable registry rule can matter without direct creditor cash. |
S029; S023; H/T, state deposit facts held. |
| C003 |
Partial credit |
Credit does not itself prove full satisfaction. |
S001§602(a)–(c); T/I. |
| C004 |
Proper satisfaction entered |
Statutory discharge/release effect follows within its scope. |
S001§602(d); T. |
| C005 |
Clerk records disposition |
Satisfaction, reversal and setting aside are distinct memoranda. |
S001§601; T. |
| C006 |
Assignee asserts right |
Actual transfer and scope required; statutory filing/acknowledgment matter. |
S004§120; T/G. |
| C007 |
Attorney compromises |
Specific authority required; representation alone insufficient. |
S028¶¶3–5; H. |
| C008 |
Agent’s asserted authority |
Prove principal assent; Terra did not find authority from the attorney’s assertion. |
S027§III; H. |
| C009 |
Satisfaction signed by agent/attorney |
Apply attorney-of-record or filed written-agent-authority route. |
S001§602(b)(3); T. |
| C010 |
Debt purchased at discount |
Purchase consideration is not debtor payment or compromise authority. |
S004§120; I. |
| C011 |
Joint signer/cosigner |
§3-116 covers specified instruments; complete joint-release result needs more. |
S010§3-116; T/G. |
| C012 |
Satisfied judgment sought again |
Bollinger precludes second recovery of same satisfied judgment on its bond facts. |
S034pp.6–8; H. |
| C013 |
Jewell used for joint release |
Merits were not decided. |
S035; H/G. |
| C014 |
Settlement asserted |
Establish ordinary contract elements and objective mutual agreement. |
S027§III; H. |
| C015 |
Accord defense asserted |
Proponent must establish agreement and pertinent performance. |
S030at724–725; H. |
| C016 |
Accord partly performed |
Credit actual performance; no automatic full discharge. |
S031pp.1127–1130; H. |
| C017 |
New promise accepted as substitute |
Distinguish that arrangement from performance-conditioned accord. |
S031p.1129–1130; H. |
| C018 |
Lien released |
Release of collateral/lien is not necessarily release of personal debt. |
S030,S033; H. |
| C019 |
UCC breach right renounced |
Applicable signed-record route can operate without consideration. |
S010§1-306; S012§4; T, scope held. |
| C020 |
Instrument canceled/renounced |
§3-604 permits specified intentional acts or signed-record renunciation. |
S009; S011§41; S012§23; T. |
| C021 |
Physical check destroyed for imaging |
Specified image-processing destruction alone does not discharge. |
S012§23; T. |
| C022 |
Article3 accord invoked |
Establish negotiable-instrument scope; not every transfer qualifies. |
S006§3-102; S007§311; T. |
| C023 |
Instrument status disputed |
Apply current §104 definition and applicable amendment/saving provisions. |
S006; S012§20; T/G. |
| C024 |
Good faith required |
Honesty and reasonable commercial fair dealing are both relevant. |
S006§3-103(a)(5); T. |
| C025 |
Full-payment statement called conspicuous |
Current definition uses totality and reasonable notice; court decides. |
S012§1; T. |
| C026 |
§311 discharge asserted |
Prove good-faith tender, disputed/unliquidated claim and obtained payment. |
S007§311(a); T. |
| C027 |
Statement supplied |
Instrument/accompanying writing must meet conspicuous full-satisfaction requirement. |
S007§311(b); T. |
| C028 |
Organization uses designated recipient |
Prove prior designation and nonreceipt there, subject to(d). |
S007§311(c)(1); T. |
| C029 |
Repayment exception asserted |
Tender repayment within90days after payment, with statutory exclusions. |
S007§311(c)(2); T. |
| C030 |
Responsible claimant knew condition |
Apply subsection(d)’s knowledge/time override. |
S007§311(d); T. |
| C031 |
Rights reserved by notation |
General reservation rule does not apply to accord and satisfaction. |
S010§1-308(b); T. |
| C032 |
Hardison invoked |
Actual disputed claim and collection supported accord despite altered notation. |
S026at411–412; H. |
| C033 |
Fixed judgment check invoked |
Rouse did not discharge separate fee claim. |
S025pp.3–5; H. |
| C034 |
Online/electronic payment |
Actual payment law and agreement required; no automatic§311 treatment. |
S006–S012; I/G. |
| C035 |
Bank-type check taken |
§310(a)’s default discharge rule differs from ordinary check suspension. |
S007§310(a); T. |
| C036 |
Ordinary check/note taken |
Applicable obligation is suspended as stated until payment/certification/dishonor. |
S007§310(b); T. |
| C037 |
Instrument dishonored |
Conditional enforcement alternatives; no double recovery. |
S007§310(b)(3)–(4); T/I. |
| C038 |
Instrument payment made |
Pay appropriate obligated/enforcing persons under§602; ownership not identical to enforcement status. |
S009§3-602(a); S006§301; T. |
| C039 |
Former note holder paid |
Adequate transfer notice/proof conditions matter. |
S009§3-602(b)–(d); S011§40; T. |
| C040 |
Prohibited/stolen-instrument payment |
§602(e) exceptions remain. |
S009§3-602(e); T. |
| C041 |
Tender refused |
Specific tender consequences do not equal universal principal payment. |
S009§3-603; T. |
| C042 |
Payment allocated |
Actual law/agreement/order required for component priority. |
S001,S007,S009; G/I. |
| C043 |
Model interest/costs used |
Stipulated lawful inputs are not newly verified rates or fees. |
Models; C/G. |
| C044 |
Receipt/canceled check offered |
Evidence of an event, not conclusive full scope/authority. |
S025,S030–S033; H/I. |
I2. Entry, remedy, and cleanup
| Claim ID |
Actor/stage/predicate |
Step or consequence |
Source/pinpoint; type and hold |
| C045 |
Whole judgment satisfied by execution return |
Clerk makes specified entry. |
S001§602(a); T. |
| C046 |
Judgment otherwise satisfied |
Party/attorney’s60-day period starts from satisfaction. |
S001§602(b)(1); T. |
| C047 |
Entry made |
Statute specifies full-satisfaction words, date and signature. |
S001§602(b)(1),(3); T. |
| C048 |
Entry withheld |
Court may compel on motion and notice. |
S001§602(b)(2); T. |
| C049 |
Prescribed time passes with neglect/refusal |
Interested party may use subsection(c) after notice. |
S001§602(c)(1); T. |
| C050 |
Full satisfaction disputed |
Court must be satisfied of actual full satisfaction before directed entry. |
S001§602(c)(2); T. |
| C051 |
Untimely-entry forfeiture sought |
$5–$150 range; statutory action and proof, not automatic maximum/per-day award. |
S001§602(b)(4); T. |
| C052 |
Application costs requested |
Costs do not themselves include attorney fees. |
S001§602(c)(3); S029[5]; T/H. |
| C053 |
Judgments set off |
Respect all interested rights and motion/equitable-action notice route. |
S002§603; S005§199; T. |
| C054 |
Setoff supports satisfaction |
Roberts recognized court-ordered setoff/satisfaction on its record. |
S029[2]–[4]; H. |
| C055 |
Pending setoff claim |
§604 requires judicial action/conditions, not unilateral stay. |
S002§604; S003; T. |
| C056 |
Satisfaction motion supported |
Motion particularity and appropriate affidavit/oral/deposition proof apply. |
S018Rules7,43(c); T. |
| C057 |
Notice served postjudgment |
Statute and Rule5 must be integrated for actual recipient/method. |
S001(c); S018Rule5; T/G. |
| C058 |
Statutory period computed |
Rule6(a) trigger exclusion and final-day provisions considered. |
S019; T, actual calendar held. |
| C059 |
Extra service days claimed |
Rule6(d) does not automatically add days to payment-triggered§602 period. |
S019/order2026Ark109; T/I. |
| C060 |
Partial satisfaction processed |
No universal partial-credit entry form/clock established. |
S001; G. |
| C061 |
Check date selected as trigger |
Actual legally effective satisfaction event must be proved. |
S007,S001; T/I. |
| C062 |
Existing satisfaction challenged |
Fields distinguishes operative entry from proper set-aside grounds. |
S032pp.1058–1061; H, historical posture. |
| C063 |
Record correction requested |
Clerical relief is not automatic substantive revision. |
S020Rule60(b); T. |
| C064 |
Satisfaction motion remains pending |
Jewell supplies no automatic merits denial or joint-release holding. |
S035pp.5–6; H. |
| C065 |
Judgment requires specific release act |
Rule70/§115 provide conditional judicial enforcement mechanisms. |
S020Rule70; S004§115; T. |
| C066 |
Judgment lien record exists |
Identify actual judgment, filing/index and scope of release. |
S004§117; S001(d); T/G. |
| C067 |
One lien discharged |
Personal obligation may remain within actual scope. |
S030,S033; H. |
| C068 |
Multiple counties/records |
No complete automatic transmission/update procedure verified. |
S004§117; G. |
| C069 |
Mortgage release demanded |
Separate mortgage record/trigger; do not import its request-based clock. |
S024; S036pp.768–771; T/H. |
| C070 |
Issued execution challenged |
Verified petition, reasonable notice and statutory grounds/security. |
S013§301(a)–(b); T. |
| C071 |
Stay order reaches officer |
Certified-order route directs execution return. |
S013§301(c); T. |
| C072 |
Execution stayed |
Property remains bound under stated subsection. |
S013§301(b)(2); T. |
| C073 |
Execution procedure called exclusive |
Battle limits writ-route statement without barring its separate intentional-wrong theory. |
S037at432–433; H. |
| C074 |
Unsupported court stay |
Lone rejected stay without pertinent grounds/order/security. |
S038pp.13–15; H. |
| C075 |
General stay assumed |
Related statutory exceptions and actual Rule62/order must be checked. |
S013§§302–303; S020Rule62; G. |
| C076 |
Settlement negotiations underway |
No automatic writ termination or procedural suspension established. |
S027,S038; I. |
| C077 |
Employer continuing lien |
Paid/satisfied and specified earlier events terminate under§415. |
S016§415; S017; T. |
| C078 |
Garnishee surrenders property |
Section409 court discharge is property-specific. |
S016§409; T. |
| C079 |
Garnishee adjudicated/discharged |
Sections410–411 do not automatically satisfy entire debtor judgment. |
S016; T/I. |
| C080 |
Money deposited in court |
Actual governing authority matters; federalLR58.2 is not state law. |
S023; S040Rule67 failure; T/G. |
| C081 |
Officer-default remedy sought |
Statutory actor, motion, notice and willfulness required. |
S014(a),(c); S015; T. |
| C082 |
Execution-sale excess withheld |
Apply(c)(1)’s demand and5%-per-month conditions. |
S014(c)(1); S015p.2; T. |
| C083 |
Satisfied execution not returned |
Apply(c)(2)’s willfulness and25%-of-paid-amount provision. |
S014(c)(2); S015p.3; T. |
| C084 |
Special reversed/stayed execution money withheld |
Apply(c)(3)’s specific event and returnable-time trigger. |
S014(c)(3); T, no universal refund. |
| C085 |
Private overcollection alleged |
Correct cause, recipient, authority and remedy remain necessary. |
S014/S037; G. |
| C086 |
Reporting/other obligations presumed cleared |
Satisfaction does not certify every external update or independent obligation. |
Scope and record distinctions; G. |
| C087 |
Springdale form used |
Actual generic blank read; no statewide adoption/revision certified. |
S022; G. |
| C088 |
Government charges estimated |
No complete current filing/certification/recording schedule verified. |
Source limitation; G, not zero. |
| C089 |
Current law certified |
Selected acts and dated mirrors leave complete chains open. |
S001–S021; G. |
| C090 |
Act997 applied |
EffectiveSep1,2026; saving provisions require transaction-specific treatment. |
S012§100/4-12A-201; T. |
| C091 |
Opinion treated as authority |
Fourteen published bodies read; Forsgren excluded; full citator not obtained. |
S021,S025–S039; T/G. |
| C092 |
Actual/local/sector outcome claimed |
No actual records/status or complete local/tribal/special law established. |
Scope; G. |
| C093 |
M01 used |
Gross11000−actual2000=9000; allocation not inferred. |
M01; C042–C044; C. |
| C094 |
M02 used |
6000cash and3000conditional waiver are separate. |
M02; C014–C041; C. |
| C095 |
M03 used |
Payment-triggered60days and conditional date branches shown. |
M03; C045–C061; C. |
| C096 |
M04 used |
Held/credited/returned amounts reconciled without double credit. |
M04; C070–C085; C. |
J. Granular coverage and remaining work
J1. Core coverage — 30 rows
| Row |
Requested issue |
Resolved portion / claims |
Exact missing evidence or next action |
| K01 |
Legal objects |
Payment/entry/reversal/lien/process distinguished; C001–C005 |
Actual judgment and instrument scope. |
| K02 |
Original creditor/current holder |
Transfer and authority boundaries; C006,C010 |
Actual assignment and current entitlement. |
| K03 |
Servicer authority |
Receipt versus compromise distinguished |
Actual agency agreement and authority. |
| K04 |
Attorney authority |
Veasey/Terra plus statutory entry route |
Actual authorization and attorney-of-record status. |
| K05 |
Joint obligor/cosigner |
Narrow instrument/one-payment distinctions |
Actual release, guaranty and applicable contribution law. |
| K06 |
Ordinary settlement formation |
Elements and objective assent; C014 |
Actual agreement, consideration or alternative legal basis. |
| K07 |
Executory accord |
Performance/substitute-promise distinction |
Actual condition, performance and accepted substitution. |
| K08 |
UCC scope |
Instrument definitions and exclusions |
Actual payment method and governing Article. |
| K09 |
Good faith/conspicuousness |
Statutory definitions and2026 amendment |
Actual communication and commercial context. |
| K10 |
§311 basic elements |
Full statutory predicates read |
Actual dispute, tender, collection and contents. |
| K11 |
§311 exceptions |
Designation/repayment/knowledge branches |
Actual notices, responsible agent and dates. |
| K12 |
Fixed judgment/collateral claim |
Rouse boundary |
Actual judgment scope and remaining claim. |
| K13 |
Check/dishonor/tender |
§§310/602/603 distinctions |
Actual instrument, agreement, clearance and recipient. |
| K14 |
Renunciation/cancellation |
Current signed-record/imaging text |
Actual intent, authority, scope and saving application. |
| K15 |
Payment allocation |
No universal priority inferred |
Actual lawful agreement/order and credit ledger. |
| K16 |
Full/partial satisfaction |
Full-entry statute identified |
Actual total and unresolved lawful additions. |
| K17 |
Execution-return entry |
Clerk duty identified |
Proper return showing whole judgment satisfied. |
| K18 |
Outside-execution entry |
60-day trigger, signature and actors |
Actual satisfaction date and proper acknowledgment. |
| K19 |
Compelled entry |
Motion/notice/proof routes |
Actual contested facts and court order. |
| K20 |
Penalty/costs/fees |
Range and Roberts fee limit |
Actual statutory violation, action, costs and separate fee authority. |
| K21 |
Setoff |
Judicial route and interested-party protection |
Actual judgments, equities, notice and order. |
| K22 |
Counting/service |
Rule6 and final amendment read |
Current official integration, local calendar and service facts. |
| K23 |
Erroneous entry/correction |
Fields/Rule60/Rule70 boundaries |
Actual defect and correct procedural route. |
| K24 |
Judgment lien/cross-county record |
Distinction established |
Complete current certification/recording workflow and actual records. |
| K25 |
Pending writ |
§301/Lone/Battle analysis |
Actual execution, petition, security and order. |
| K26 |
Garnishee/employer cleanup |
Necessary statutory termination/discharge read |
Actual writ, balance, recipient and release order. |
| K27 |
Held funds/overcollection |
Officer remedy and ledger distinctions |
Actual entitlement, custody, demand and willfulness. |
| K28 |
Official forms/charges |
Springdale blank and limits |
Current local acceptance, revision and charge schedule. |
| K29 |
Specialized release/reporting |
Separate regimes preserved |
Applicable secured, federal, reporting or other special law. |
| K30 |
Currentness/actual application |
Selected primary support and limits exposed |
Complete official Code/rules/citator and actual evidence. |
J2. Workflow coverage — 12 rows
| Row |
Actor/event |
Required inquiry |
Remaining evidence |
| W01 |
Judgment identified |
Determine exactly which obligation is being paid. |
Actual judgment and later orders. |
| W02 |
Payee identified |
Verify current holder and receipt/compromise authority. |
Actual assignment and authorization. |
| W03 |
Compromise proposed |
Distinguish offer from valid agreement. |
Actual assent and legal basis. |
| W04 |
Payment method selected |
Apply instrument/transfer-specific law. |
Actual method and agreement. |
| W05 |
Funds arrive or reverse |
Determine legally effective credit and allocation. |
Receipt, clearance, reversal and ledger. |
| W06 |
Full amount reached |
Test all lawful components and conditions. |
Actual balance and release scope. |
| W07 |
Entry due |
Apply execution-return or outside-execution branch. |
Actual trigger and proper record. |
| W08 |
Entry disputed/missing |
Notice, motion, evidence and judicial finding. |
Actual service and order. |
| W09 |
Writ remains active |
Apply proper stay/return/discharge route. |
Actual writ and officer/garnishee notice. |
| W10 |
Multiple records exist |
Distinguish legal discharge from record update. |
Actual counties, instruments and required filings. |
| W11 |
Excess identified |
Determine recipient, authority and remedy. |
Actual held/credited money and demand facts. |
| W12 |
Final accounting |
Reconcile cash, credit, waiver and returns. |
Actual supporting records; no double recovery. |
J3. Currentness and source coverage — 8 rows
| Row |
Source issue |
Status |
Exact next evidence |
| Q01 |
Satisfaction Code |
2025/2024 reproductions plus judicial applications |
Current official integrated §§601–604 and full chain. |
| Q02 |
Judgment transfer/lien |
Relevant bodies and selected2003 amendment |
Current official sections and cross-county release procedure. |
| Q03 |
Article3 payment/accord |
Original1991 and selected2005 bodies |
Complete current chain and instrument-specific application. |
| Q04 |
2026-effective UCC |
Act997 material text/images read |
Actual transaction’s saving/transition treatment. |
| Q05 |
Execution/overcollection |
Current mirrors, Act1151 and cases |
Complete procedural/rule harmonization and defenses. |
| Q06 |
Rules |
Reproductions plus final Rule6(d) order |
Official consolidation, unavailable Rule67/69 and local practice. |
| Q07 |
Forms |
Actual Springdale blank/federal rule read |
Revision/adoption/current acceptance and fees. |
| Q08 |
Opinions |
Fourteen published material bodies |
Complete current citator and later treatment. |
J4. Model coverage — 4 rows
| Row |
Completed analysis |
Remaining legal predicates |
| M01 |
Gross, actual credit and remainder reconcile without allocation assumption. |
Actual allowed amounts and payment priority. |
| M02 |
Cash, conditional forgiveness, pending check and authority gap separated. |
Valid agreement, authority, performance and instrument law. |
| M03 |
Sixty-day payment trigger contrasted with request/check/execution alternatives. |
Actual event, rule applicability and court calendar. |
| M04 |
Held funds, prior credits, excess and returns reconciled. |
Actual custody, lawful credit, release and refund order. |
J5. Territorial and actual-record holds — 6 rows
| Row |
Area |
Exact remaining investigation |
| T01 |
Arkansas local courts |
Current adopted satisfaction, writ-release and filing practices; no county practice validated. |
| T02 |
Multiple Arkansas counties |
Actual judgment/lien records and certified-release/update requirements. |
| T03 |
Federal court |
Applicable federal rules, orders and registry procedures; state rules not automatically substituted. |
| T04 |
Tribal/foreign judgments |
Sovereign law, recognition, jurisdiction and satisfaction procedure. |
| T05 |
Actual parties and instruments |
No identity, authority, contract, assignment, judgment or status verified. |
| T06 |
Actual cash and records |
No receipt, check, bank posting, clerk ledger, return or lien record examined. |
J6. Deferred families — 9 rows
| Row |
Family |
Remaining scope |
| D01 |
Provider/CSO/CROA/licensing |
No permission or fee conclusion. |
| D02 |
Communications/credit reporting |
Full FDCPA/FCRA and update duties. |
| D03 |
Underlying merits/standing/evidence |
Actual debt validity and complete ownership proof. |
| D04 |
General service/default/vacatur/appeal |
Only necessary satisfaction-motion boundaries addressed. |
| D05 |
Interest/usury/limitations/renewal |
Inputs stipulated; no earlier unreviewed rate or clock imported. |
| D06 |
Wage/bank/property/homestead |
Necessary cleanup only, not exemptions or enforcement formulas. |
| D07 |
Secured/support/tax/fines/probate |
Special statutes and release procedures. |
| D08 |
Bankruptcy/SCRA/fraud/identity theft |
No actual discharge, military, fraud or eligibility determination. |
| D09 |
Full remedies/state-parent |
Damages, sanctions, surety, local/tribal and all broader acceptance remain open. |
J7. Separate contribution crosswalk — 3 rows
| Documented foundation |
PASS-15 contribution |
Unchanged boundary |
| Reviewed P01 preserves contracts, funds, bonds, remedies, limitations, secured-sector, local and tribal gaps. |
Narrows the contract/remedy remainder to this payment/compromise/satisfaction gateway. |
No invented earlier exact satisfaction row. |
| Authorized parent expressly requires “satisfaction and lien release.” |
Examines entry, necessary release and process-cleanup distinctions. |
No acceptance of the entire judgment/property dimension. |
| Separate scoped reviews and saved unreviewed reports |
Preserves original provenance without borrowing their legal conclusions. |
No full-state, component, parent, A066, A097 or A098 acceptance. |
K. Researcher self-check
The most important distinctions established here are:
- Satisfaction-triggered versus demand-triggered clocks.
- Authority to receive, compromise, and enter satisfaction.
- Ordinary accord versus instrument-specific statutory discharge.
- Full judgment satisfaction versus a limited lien or in-rem release.
- Actual credited funds versus held, reversed, proposed, or duplicated amounts.
- Statutory costs versus attorney fees, and a potential penalty versus an awarded remedy.
The remaining material gaps include the complete current official § 602 chain, state court-deposit and cross-county workflows, current local forms and fees, full joint-obligor/guaranty construction, modern execution-rule integration, current citator treatment, and every actual agreement, authority, judgment, receipt and record fact.
Counts: 40 source/access groups; 96 atomic claims; 14 published-case entries plus 1 separately excluded unpublished opinion; 7 selected enactments and 1 final rule-adoption order; 4 worked models; 16 additional fictional postures; 30 core-coverage rows; 12 workflow rows; 8 currentness rows; 4 model rows; 6 territorial/actual-record rows; 9 deferred-family rows; and 3 separate crosswalk rows. The six coverage groups contain 69 rows; overlapping summary holds and crosswalks are not counted as additional accepted coverage.
No independent review, local write, unseen model verification, actual settlement or payment, filing or collection permission, title conclusion, guaranteed remedy, operational readiness, publication authority, or full-state/parent acceptance is asserted.
END S_AR PASS-15