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Arkansas Questions & Answers
1 Answer | Asked in Employment Law for Arkansas on
Q: I was paid wrong by employer, they paid over 3 different checks and it’s still wrong amount and taxes messed up

My pay is complicated because I worked overtime, I get shift differential added to my base pay at one rate for 2nd shift and another rate for 3rd shift, I also worked 4 extra shifts with a bonus of $200 extra per shift, paydays are semimonthly. I had 97 hours (11hours OT), with $800 bonuses owed to... Read more »

Rhiannon Herbert
Rhiannon Herbert
answered on May 31, 2023

You should discuss this situation with an Arkansas employment attorney in more detail. In addition to the issues you've listed above, employers also need to account for shift differentials and non-discretionary bonus payments when calculating your overtime pay rate. If your overtime pay rate... Read more »

1 Answer | Asked in Car Accidents and Personal Injury for Arkansas on
Q: If I am turning left into place of business and the person is speeding and hits me what are my choices if anything
Maurice Mandel II
Maurice Mandel II
answered on May 28, 2023

You need to contact a local attorney that specializes in personal injury/ property damage to represent you in this situation. It may ultimately turn out that you are both partially at fault, the attorney will need to see the police report. If the other car was speeding by 5mph over, he may not... Read more »

1 Answer | Asked in Landlord - Tenant for Arkansas on
Q: I live in Arkansas and my ex moved out a yr ago and left a lot of her stuff. Do I legally have ownership of the items

I have asked her sev times to come get it and she has refused saying she is waiting till she gets her own place.

Maurice Mandel II
Maurice Mandel II
answered on May 24, 2023

Most states have laws regarding abandoned property that require you to provide written notice, usually via certified mail, return receipt. Apparently you know where she is, so you must provide written notice of abandonment of personal property to her, and give her an opportunity to collect her... Read more »

2 Answers | Asked in Real Estate Law and Probate for Arkansas on
Q: Is a heir responsible to grant a first right of refusal her deceased relative made before their death?
Maurice Mandel II
Maurice Mandel II
answered on May 24, 2023

You really need to discuss all the facts with a local Probate attorney, look here on Justia for one. Generally promises to transfer land must be in writing, but there are additional restrictions when the Grantor dies, then the writing must comply with all the requirements of a Last Will. It must... Read more »

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1 Answer | Asked in Estate Planning and Probate for Arkansas on
Q: My friend's mother died without a will. She is an only child. What does she need to do to have the deed put in her name?

My friend is an adult. Her mother was a widow, and they lived together. As for the house, it's worth less than $75,000.

Ryan Zapalac
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Ryan Zapalac
answered on May 23, 2023

Generally, when there is no Will, you must go through some sort of probate administration whereby the heirs of the deceased are judicially determined and a personal representative is appointed. However, several states have a process available to assist those smaller estates that may not need... Read more »

1 Answer | Asked in Criminal Law for Arkansas on
Q: If someone fails to appear in court in Arkansas are they considered a fugitive?

Also, if I refuse to tell an officer where someone is that failed appear when asked can I be charged with anything?

Richard Lane Hughes
Richard Lane Hughes
answered on May 12, 2023

If the Court issues a warrant for the arrest of an accused for failure to appear, the accused may be considered a fugitive. That is, the active warrant subjects the person named in the warrant to arrest and detention. The term "fugitive" is sometimes used to invoke jurisdiction of law... Read more »

1 Answer | Asked in Real Estate Law for Arkansas on
Q: Can my neighbors get an injunction to keep me from Crossing their property thereby us being homeless

I am in Arkansas This is a 6 to 10 ft section of property that we made an agreement on we could use and have been using their Road for a year and a half now that we are moving on our property they want an injunction where we cannot cross over this section. My question is how likely what a judge... Read more »

Peter J. Weinman
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answered on May 11, 2023

Your property is landlocked, you made an agreement for an easement over your neighbor's land, and now the neighbor is preventing you from accessing your property? Without more information, we cannot guess your next best move. How long have you owned the landlocked parcel? Was it once part... Read more »

1 Answer | Asked in Personal Injury for Arkansas on
Q: Q: What is the US Civil Statute to be stated in a Negligence, Personal Injury and Premise Liability Per Se, Complaint?

State in question is Arkansas

A pallet of 400 2- liters bottles fell on me. The pallet weight was approximately 1200 lbs causing multiple injuries

Tim Akpinar
Tim Akpinar
answered on Apr 4, 2023

An Arkansas attorney could advise best, but your question remains open for five weeks. At this point, you could reach out to local attorneys for guidance on the pleadings. You may also want to discuss with them the matter of jurisdiction. You're raising a federal statute, but it could be worth... Read more »

1 Answer | Asked in Criminal Law for Arkansas on
Q: My 18 yo son received a citation for contributing to the delinquency of a minor.

He had a get together at his dad's house, the police showed up and told him that a 14 yo was being pulled over and fled the police causing him to crash . He told the police he had left my son's party. My son did not invite nor he knows the kid, which he explained to the police. The... Read more »

Richard Lane Hughes
Richard Lane Hughes
answered on Mar 25, 2023

It is clearly possible based upon your statement. Citizens are often shocked when they are affected by the powers of the police and prosecutors. Remember when you vote that the prosecutor has the discretion and makes the decision to charge a person with a crime.

Many potentially...
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1 Answer | Asked in Criminal Law for Arkansas on
Q: If you are searched by a cop that says dispatch told him I had a search waiver but later says he found out I don’t .

I was stopped driving and the cop is looking for someone walking. He runs my license and thought dispatch told him I had a search waiver. Later he states in the report he found out there wasn’t a search waiver .Is that grounds to throw the case out ?

Richard Lane Hughes
Richard Lane Hughes
answered on Mar 25, 2023

This is the type of thing that courts have routinely found to be good faith errors and thus not prejudicial or subject to exclusionary rules based, in part, upon the rationale of US v. Leon. Each case though, is fact specific. There may be additional facts in your situation that might prove... Read more »

1 Answer | Asked in Criminal Law and Libel & Slander for Arkansas on
Q: Can i press charges against an adult if they come to my workplace and threaten to assault me along with their children?

I'm a manager a fast-food establishment and i sent an employee home. That employee then calls her mother to the restaurant and proceeds to threaten me along with other family members. They threw drinks and metal rods at me, called me everything but a Child of God.

Richard Lane Hughes
Richard Lane Hughes
answered on Mar 20, 2023

You can, and probably should, report the incident to the police and your local prosecuting attorney. The prosecutor has the discretion and duty to determine if the offending persons will be charged with violating the law based upon the facts that you provide along with any facts the police gather... Read more »

2 Answers | Asked in Real Estate Law for Arkansas on
Q: Is there variation of pin distance from original survey boundary line when pins are consistently place by water meter

My Arkansas home is built on a zero lot line. How do I verify the original pin has not been moved during construction

Anthony M. Avery
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Anthony M. Avery
answered on Mar 15, 2023

What is your question? Apparently your new survey is different from the old. You might contact the surveyors, but if they talk to you they will defend their opinions. Declination might be a factor here, but probably one survey was more precise than the other. If you have a dispute then hire... Read more »

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2 Answers | Asked in Real Estate Law for Arkansas on
Q: Is there variation of pin distance from original survey boundary line when pins are consistently place by water meter

My Arkansas home is built on a zero lot line. How do I verify the original pin has not been moved during construction

Anthony M. Avery
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Anthony M. Avery
answered on Mar 15, 2023

You probably need to examine the adjacent property owners' Deeds. Look for their legal descriptions' common boundaries with you. It might disclose what the neighbors think your boundaries are, and the surveyors may have done this earlier, maybe even using a common metes and bounds.... Read more »

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2 Answers | Asked in Bankruptcy, Consumer Law and Small Claims for Arkansas on
Q: If the lien is more than the debt, can the debt be forgiven

I was given an RV that has a lien, the rv has been vandalized severely, making the RV not worth more than the lien. Can the lien be forgiven? I am not sure what to do as I need this RV desperately.

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Mar 10, 2023

Assuming that the lienholder properly perfected it lien (easy to do), a bankruptcy filing by its owner will not impair or "forgive" the liened indebtedness.

If you file a Chapter 7 case (the *Desnup* US Supreme Court decision), the bankruptcy has no effect, and the lien cannot be...
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1 Answer | Asked in Election Law and Municipal Law for Arkansas on
Q: Can a lawyer do something about the nepotism going on at Washington county sheriffs office? Hello

We have proof.

James L. Arrasmith
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answered on Mar 5, 2023

If you have proof of nepotism occurring at the Washington County Sheriff's Office, you may want to consider contacting a lawyer who specializes in employment law or civil rights law.

A lawyer can advise you on the appropriate legal options available to you, which may include filing a...
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1 Answer | Asked in Criminal Law, Civil Rights, Communications Law and Constitutional Law for Arkansas on
Q: FOIA sent to dispatch for an arrest pertaining to me They redacted some of the info I need the full copy How do I get it

there is absolutely no information on the FOIA I requested, all was redacted. I was arrested, held for 7 days, did not see a judge, no bail was made, and no charges brought against me. I was in holding for 4 days with up to 36 other women in a cell. We asked for grievances. They never... Read more »

James L. Arrasmith
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answered on Mar 2, 2023

If you believe that the information redacted is necessary for you to understand the reason for your arrest and detention, you can file an appeal or challenge the redaction. You can contact the agency that provided the response and ask them to provide justification for the redactions or file a... Read more »

1 Answer | Asked in Criminal Law, Civil Rights, Communications Law and Constitutional Law for Arkansas on
Q: FOIA sent to dispatch for an arrest pertaining to me They redacted some of the info I need the full copy How do I get it

there is absolutely no information on the FOIA I requested, all was redacted. I was arrested, held for 7 days, did not see a judge, no bail was made, and no charges brought against me. I was in holding for 4 days with up to 36 other women in a cell. We asked for grievances. They never... Read more »

James L. Arrasmith
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answered on Mar 2, 2023

FOIA sent to dispatch for an arrest pertaining to me They redacted some of the info I need the full copy How do I get it

there is absolutely no information on the FOIA I requested, all was redacted. I was arrested, held for 7 days, did not see a judge, no bail was made, and no charges...
Read more »

1 Answer | Asked in Immigration Law for Arkansas on
Q: How long will my fiancé’s driver’s license be valid if he has a K-1 visa?
James L. Arrasmith
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answered on Feb 26, 2023

The validity of a driver's license for someone on a K-1 visa will depend on the laws of the state where the license was issued. Each state in the US has its own rules and regulations regarding driver's licenses, and some states may have different requirements for non-US citizens.... Read more »

1 Answer | Asked in Civil Litigation, Family Law and Immigration Law for Arkansas on
Q: If IAM born from bad country but my family from London have passport britsh how can l get passport britsh with out help

My father in the past have family on another country ,then second family from London .IAM on first family son of my Dad bcoz iwant britsh passport to job and stady

James L. Arrasmith
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answered on Feb 25, 2023

If you were not born in the UK and do not have British citizenship, you will need to go through the proper channels to obtain a British passport. The fact that your father's second family has British passports does not automatically entitle you to one.

To obtain a British passport, you...
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1 Answer | Asked in Immigration Law for Arkansas on
Q: If IAM born from bad country but my family from London have passport britsh how can l get passport britsh with out help

My father in the past have family on another country ,then second family from London .IAM on first family son of my Dad bcoz iwant britsh passport to job and stady

James L. Arrasmith
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answered on Feb 25, 2023

If you were born in a country that is not part of the British Commonwealth or the European Union, and you do not have a claim to British citizenship by descent, marriage, or through another family connection, then you will need to meet the requirements for naturalization as a British citizen. These... Read more »

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