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Arkansas Questions & Answers
1 Answer | Asked in Contracts for Arkansas on
Q: Are items left in a self storage unit by unit owners and tenant of unit legal too take possession of?

Items that have been left behind in a self storage facility by the renters of the facility unit and by the owners of the unit for a certain amount of time or for a lengthy amount of time let's say is it considered abandoned property and there for the finder of the property to take possession... Read more »

John Michael Frick
John Michael Frick
answered on Feb 2, 2023

No. As long as rent is current, the length of time the property is stored is irrelevant.

On the other hand, if rent hasn’t been paid, the self-storage facility has the right—after giving written notice to the renter—to auction the contents off to pay the rent.

After deducting...
Read more »

1 Answer | Asked in Car Accidents for Arkansas on
Q: I backed up looked three times and a little short French car hit my passenger bumper I couldn't see hher in my mirrors

Because her car was so short it didn't show up in my mirrors it shouldn't have been a regulatory height requirements to be able to be driven

Tim Akpinar
Tim Akpinar
answered on Jan 27, 2023

An Arkansas attorney could advise best, but your question remains open for two weeks. Unfortunately, that doesn't sound like a strong argument, unless the vehicle was unregistered, uninspected, and not in compliance with ordinary safety standards. You could mention the point to your insurance... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Arkansas on
Q: Mom passed away 2019.I bought & occupied home from her & took over mtg pmts 2006.Never transferred ownership.What to do?

My home burnt down in 2021, at which time the executor entered her will in probate.The fire ins policy was made out to mom & estate.My brother, executor of estate, acknowledges the proceeds go to me, but he says he has to pay moms back taxes out of fire ins proceeds before I get my money.Can... Read more »

Nina Whitehurst
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Nina Whitehurst
answered on Jan 18, 2023

Hire a probate attorney to probate your mom's estate and explain this to him or her and provide your evidence. You would essentially be making a claim against the estate to honor the contractual agreement.

1 Answer | Asked in Libel & Slander for Arkansas on
Q: I believe i am a victim of defamation and slander in my workplace and im worried that this will cause me to be demoted.

I believe i am a victim of defamation and slander in my workplace and im worried that this will cause me to be demoted from my position that i have worked hard to get. I've tried to go to hr and my manager, but nothing has been done. Hr just redirects me to my manager and i do not like... Read more »

Tim Akpinar
Tim Akpinar
answered on Jan 17, 2023

An Arkansas attorney could advise best, but your question remains open for two weeks. For the slander issues, you could try to arrange a consult with an attorney who handles defamation cases. Unfortunately, these cases are not generally handled on a contingency basis, which could mean paying a law... Read more »

1 Answer | Asked in Collections for Arkansas on
Q: legally, can I make less than the minimum payment to a med. bill w/o it be turned over to a collection agency?

My minimum amount this medical entity is trying to make me pay is $80 monthly but I'm only able to currently pay $25 monthly. If I'm making a good-faith effort of $25 monthly, do they legally have to accept that amount without it being turned over to a collection agency?

Barry W. Kaufman
Barry W. Kaufman
answered on Jan 6, 2023

No. If you don't pay the minimum due, they can turn you over to collections.

1 Answer | Asked in Family Law for Arkansas on
Q: I am the primary parent and This was my year to have my child Xmas so I got her from the time school was out until 5/pm

Xmas day and then her dad got her form xmas at 5 til Monday Jan 2 nd 5:pm now he is saying it is weekend coming up I told him no that it’s mine am I wrong

John Michael Frick
John Michael Frick
answered on Jan 4, 2023

This weekend is the first weekend of January. Your parenting plan likely addresses who has possession of the child using language like “1st, 3rd, and 5th weekends of each month.” So you have to read your court order to see who has the child on the 1st weekend of the month.

1 Answer | Asked in Civil Rights and Health Care Law for Arkansas on
Q: Why does Arkansas violate the intractable pain act of 2006? Can they be sued?

Arkansas is supposed to have a law to allow doctors to prescribe pain medication that actually works but they have been depriving patients of this medication and causing them to commit suicide or turn to dangerous street drugs so they don't have to suffer 24 hours a day. It will drive you to... Read more »

John Michael Frick
John Michael Frick
answered on Dec 26, 2022

The Intractable Pain Act provides a defense to licensed physicians for prescribing narcotics to certain patients with intractable pain. It provides a defense to criminal prosecution and does not create a civil cause of action, much less one against the state.

That does not REQUIRE a...
Read more »

1 Answer | Asked in Personal Injury for Arkansas on
Q: Is there anyway to get copies of prescriptions from 20 years ago
Tim Akpinar
Tim Akpinar
answered on Dec 18, 2022

An Arkansas attorney could advise best, but your question remains open for two weeks. Going back twenty years is going to be difficult. You could check with the pharmacy preparing the medication, the physician writing the prescription chit, and the insurance carrier if a claim for reimbursement was... Read more »

1 Answer | Asked in Car Accidents for Arkansas on
Q: How do I recover rental car cost from a tractor trailer accident in Arkansas

RL insurance Ada Illinois refusing to pay out-of-pocket expenses which is a rental car resulting from an accident from their driver who is deemed 100% responsible but they refused to pay the rental car expenses they will not call me back

Tim Akpinar
Tim Akpinar
answered on Dec 14, 2022

An Arkansas attorney could advise best, but your question remains open for a week. The situation you describe arises commonly and sometimes there is no quick fix. The cost of rental could be litigated, but that involves uncertainty, and could mean recovering or not recovering the money, depending... Read more »

1 Answer | Asked in Real Estate Law for Arkansas on
Q: In Arkansas can real estate owned by only one spouse although bought while married be sold without permission from the o

Other spouse

Anthony M. Avery
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Anthony M. Avery
answered on Dec 14, 2022

It sounds like only one spouse is the titled owner, who can convey. An immediate divorce action might bring all property of the Parties into play, especially with a possible Injunction requested. Hire an AR attorney now.

1 Answer | Asked in Car Accidents and Personal Injury for Arkansas on
Q: If in an accident and it's the cab company s fault what is the amount of the policy in Arkansas that's required for
Tim Akpinar
Tim Akpinar
answered on Dec 8, 2022

An Arkansas attorney could advise best, but your question remains open for three weeks. Don't lose further time awaiting a response - simply ask the company. Or if you have the police report, the company should be identified in DMV codes. Nationwide, it's generally the same or greater... Read more »

1 Answer | Asked in Car Accidents for Arkansas on
Q: Are insurance companies required to authorize rental coverage matching what I am coming out of?

Claimant drives a Ford Explorer (Standard SUV), is the at-fault parties insurance required to authorize a rental of same size? (Note, this is in Arkansas)

Tim Akpinar
Tim Akpinar
answered on Nov 29, 2022

An Arkansas attorney could advise best, but your question remains open. In general, it could depend on the policy. Nationwide, carriers don't always match up vehicle type for vehicle type, especially with SUVs or minivans. It could come down to what local rental companies have on their lots.... Read more »

1 Answer | Asked in Contracts and Employment Law for Arkansas on
Q: Hello, I was laid off about 5 months ago and my employment contract included 12 months of severance in exchange for a

release and agreeing to non-compete and non-solicitation terms, which are all straightforward. The company is struggling and is telling me they can't afford to honor the contracted severance payments any longer, which are supposed to continue for 7 more months. I'm not aware of them... Read more »

Rhiannon Herbert
Rhiannon Herbert
answered on Nov 22, 2022

You should contact an Arkansas employment attorney to have your separation agreement reviewed. If your employer promised to pay you a certain amount of money in your separation agreement that they are now refusing to or unable to pay, you may have a claim against your employer for breach of... Read more »

1 Answer | Asked in Real Estate Law for Arkansas on
Q: My mother in-law made a living estate with my husband he just passed away we have been married 9 yrs I paid the taxes

I told her if anything was to happen to him I wanted the house and my husband told her when he passed I was to get the house and she said yes

Anthony M. Avery
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Anthony M. Avery
answered on Nov 4, 2022

Hire a competent AR attorney to search the Title and determine ownership.

1 Answer | Asked in Employment Law for Arkansas on
Q: Can an employer stop paying an hourly wage and switch u beginning next week to solely commissions.just got the news toda

My boss came in today and said starting next week I will no longer receive my hourly pay of $12 hr for 34 hrs weekly. He says starting next week Noone gets hourly nomore and will be working making commission only. He said we will get paid $100 every deal we close. Problem with that is that... Read more »

Chris W. Burks
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Chris W. Burks
answered on Nov 2, 2022

Thanks and in Arkansas they can change to pay you commissions so long as you still make a minimum wage. If you work as an employee for a week and don't get paid anything, that is a minimum wage violation

1 Answer | Asked in Real Estate Law for Arkansas on
Q: What is the process of buying land from an out of state seller? It's only $400 for the land.

The property is next door to me and has no house on it.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Oct 27, 2022

Same process as an in state seller. Hire an attorney to search the title, then draft the Deed. Your purchase does not sound good. Seller has to execute it before a Notary.

But sending him money might get nothing back.

1 Answer | Asked in Criminal Law for Arkansas on
Q: I was recently put on probation for a period of five years. Is there anything I can do if i feel that's unfair?
Richard Lane Hughes
Richard Lane Hughes
answered on Oct 19, 2022

If you were convicted after a trial, you have a right to appeal to a higher court. The time within which you must file your appeal is very limited. In most state courts in Arkansas you have 30 days to appeal. A Federal appeal must be filed within 14 days. In either case your time begins with the... Read more »

1 Answer | Asked in Criminal Law for Arkansas on
Q: Hello, I'm on Parole and go Flat in November. I've recently been arrested on a Felony FTA for charges from 2022.

was put on a bracelet upon release and have a revocation hearing scheduled tomorrow. Do I have any rights

Richard Lane Hughes
Richard Lane Hughes
answered on Oct 18, 2022

You do have a rights. In Arkansas you have a what might be called "minimal" due process rights that include a right to notice of charges against you and a meaningful hearing before a judge or hearing officer to determine if you are guilty of violating the conditions of your parole. You... Read more »

1 Answer | Asked in Criminal Law for Arkansas on
Q: In 2010 I signed for 5 yrs and 15 suspended in Arkansas I served 4.5 yrs went flat in 2016. In 2021 I was set up by my e

X girlfriend on a purchase of 14 grams of meth that she begged me for I had someone else deliver to her now they are trying to give me all of my suspended sentence from 2010

Richard Lane Hughes
Richard Lane Hughes
answered on Oct 16, 2022

I don't see a question here. If you have a suspended sentence pending and are convicted of a subsequent offense or fail to abide by the conditions of your suspended sentence, you are subject to that suspended sentence being imposed. Think of the suspended sentence as a probation type... Read more »

1 Answer | Asked in Employment Law, Real Estate Law and Business Law for Arkansas on
Q: Is there a conflict of interest for me as a "active" realtor to start a new job as assessor or appraiser for Pulaski Co?

I'm basically wondering if I'll be able to keep my license active and sell real estate part time while working as an assessor and eventually an appraiser for Pulaski County or not.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Oct 6, 2022

Contact your State Regulatory Agency which licenses real estate agents and ask them.

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