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Smith v. Hearn

October 30, 2006

JOSEPH E. SMITH PLAINTIFF
v.
LEE HEARN, ET AL. DEFENDANTS



ORDER

On September 20, 2006, the Court gave plaintiff fifteen days to file a verified schedule with the Court pursuant to the Arkansas garnishment statute. He filed an affidavit on October 4, 2006, and subsequently, pursuant to the Court's Order, exhibits to the affidavit were placed under seal.

Ark. Code Ann. § 16-66-211 provides that Hearn must request a hearing within five days after receiving notice of the exemption. Hearn has failed to request the hearing.

The Court finds that the claim of exemption is valid. Accordingly, the motion to quash garnishment is hereby granted.

IT IS SO ORDERED.

20061030

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