How to Stay a Sheriff Lockout During an Eviction Appeal in Arkansas

If you’re facing eviction in Arkansas and fear a sheriff lockout, you might wonder if you can delay the process with an appeal. Understanding how to seek a stay (pause) on a lockout is crucial. This article explains what steps renters can take after an eviction judgment to postpone being removed from their home, specifically through the appeals process in Arkansas.

The Eviction Process in Arkansas: What Happens Before a Sheriff Lockout?

In Arkansas, eviction for lease violations or nonpayment of rent generally proceeds through one of two legal methods: civil eviction or the more rapid unlawful detainer action. If the court rules in favor of the landlord, you may receive a Writ of Possession. This is the court order that allows the sheriff to physically remove tenants and return the property to the landlord. The official tribunal handling this process is your local Arkansas District Court.

Timeline to Lockout

• If the court issues a Writ of Possession, the sheriff can act after the deadline set by the court—often within just a few days.
• You may be served notice by the sheriff before the actual lockout date.

If you disagree with the judgment, Arkansas law gives you a path to appeal the eviction, but strict deadlines exist and specific forms must be completed.

What is a Stay? How Does It Affect a Sheriff Lockout?

A stay is a legal pause on the court’s order that stops the sheriff from locking you out while your appeal is considered. Without a granted stay, the eviction proceeds—even if you have filed an appeal.

In Arkansas, to pause the lockout, you must both file a proper appeal and, in most circumstances, request a stay from the court that issued the eviction order.

How to Request a Stay of Eviction in Arkansas

These are the typical steps renters must follow to stay a sheriff lockout during an appeal in Arkansas. Note that the process must be handled quickly after the eviction judgment.

Step 1: File a Notice of Appeal

Within five (5) days of the judgment, file a Notice of Appeal with your local district or circuit court where your eviction judgment was issued.

• Form Name: Notice of Appeal (no universal Arkansas form number; obtain from the clerk or draft per Arkansas Rules of Civil Procedure, Rule 9).
• Use: To notify the court and landlord you are appealing the judgment. Example: If a judge rules against you at your eviction hearing on Monday, file a Notice of Appeal by the following Friday.
• Find Arkansas court forms here.

Step 2: Request a Stay of Execution

Ask the judge for a stay of execution pending appeal. This is often done in writing as a motion, or directly in court at the time judgment is issued. If possible, use:

• Form Name: Motion to Stay Judgment Pending Appeal (no state-standard form; typically a written request referencing your case and reason for the stay)
• Use: To ask the court to pause enforcement of the eviction while your appeal is considered. Example: “I respectfully request a stay of the Writ of Possession so I am not locked out while my appeal is pending.”
• See Arkansas Rules of Civil Procedure for stays.

The court may require you to post a bond or continue paying rent into court during the appeal period.

Step 3: Serve Notice and Pay Required Fees

• Officially inform the landlord and any other parties involved
• Pay filing fees (ask the clerk about a fee waiver if you can’t afford it)

Official Forms and Where to Find Them

• Notice of Appeal: Needed to let the court know you want to appeal. Ask your district or circuit court clerk for the local form, or draft a letter per Rule 9 of the Arkansas Rules of Civil Procedure. Access Arkansas court forms here.
• Motion to Stay Judgment Pending Appeal: Written request to the court. You may use a fillable template from your local legal aid or write your own. Deliver it to the court clerk in person for best results.
• If you cannot afford appeal fees, request an Affidavit of Indigency/Request to Proceed In Forma Pauperis—this asks the court to let you file without paying fees. Get indigency forms here.

Deadlines and Critical Information

• Appeal Deadline: File within 5 days of the eviction judgment (see Arkansas Code § 18-17-911).
• Stay Request: File at the same time as your appeal, or as soon as possible afterward.

Your right to remain in your rental property during the appeal depends on successfully obtaining a stay from the court.

Quick Summary

• Eviction orders in Arkansas can be enforced by a sheriff unless a valid stay is granted.
• Appeal and stay requests must be filed quickly—often within days of the court’s judgment.
• Use official forms and follow all required steps to protect your rights.

FAQ: Arkansas Sheriff Lockout Stays and Appeals

1. Can I stop a sheriff lockout if I file an appeal?
   Filing an appeal alone does not automatically stop a sheriff lockout. You must also file a motion or request for a stay; otherwise, the eviction will likely continue.
2. How much does it cost to file an appeal or stay in Arkansas?
   There are filing fees, but if you can't afford them, ask for an "in forma pauperis" (fee waiver) form at your court clerk's office. The judge will decide if your fees can be waived.
3. Where do I get the forms for an appeal or stay?
   Check with your local district/circuit court clerk or visit the Arkansas Administrative Office of the Courts forms page for templates and applications.
4. If the stay is granted, do I have to keep paying rent during my appeal?
   Usually, yes. The court may require you to pay ongoing rent into court while the appeal is pending to maintain the stay.
5. What if I miss the 5-day deadline to appeal?
   It's very difficult to get extra time. If you miss the deadline, the sheriff may proceed with the lockout, and your appeal options become extremely limited.

Conclusion: Key Takeaways for Arkansas Renters

• Act immediately after an eviction judgment—deadlines come fast.
• Filing an appeal is not enough; you must also request a stay to delay a lockout.
• Access official forms via your court clerk or the state's judicial website, and ask for help if you need it.

Understanding Arkansas’s appeal and stay procedures can help you temporarily protect your home while your case is considered.

Need Help? Resources for Renters

• Arkansas District Courts: Handles eviction cases and appeals.
• Legal Aid of Arkansas: Free legal help for low-income tenants, including appeal and stay assistance.
• Arkansas Court Forms: Download forms for appeals, stays, and fee waivers.
• Arkansas Landlord-Tenant Act of 2007: Key legislation covering eviction rights and processes.

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1. Arkansas Code § 18-17-911 – Appeals from landlord-tenant proceedings
2. Arkansas Rules of Civil Procedure, Rule 9 and Rule 62
3. Arkansas Court Forms (Official)
4. Arkansas District Courts (Tribunal Information)
5. Legal Aid of Arkansas (Tenant Support)

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