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Arkansas Civil Litigation Questions & Answers
1 Answer | Asked in Family Law, Civil Litigation, Constitutional Law and Probate for Arkansas on
Q: I have a question about my property being released to estranged family, while my truck impounded.

A wealthy family that did not live local had grandsons care for their father. The grandfather gave my husband guns and jewelry that he said his daughters were not getting it this time because they stole all their mothers belongings when he remarried soon after her death. The items in question were... View More

James L. Arrasmith
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answered on Dec 4, 2023

In your situation, where property from an impounded vehicle was released to an executor and then allegedly distributed in violation of a court order, there are a few legal avenues you could explore. First, it's important to review the judge's order regarding the release of property. If... View More

0 Answers | Asked in Civil Litigation, Real Estate Law and Car Accidents for Arkansas on
Q: I won small claims judgment, and he didn’t pay took him back to court. He was in contempt, no-show. How to a lien

District court told me to take the paper and file in Circuit court w/clerk. I did. he has property up for sale. I want to file a lien on his property to fulfill my judgment. How do I do this?

1 Answer | Asked in Civil Litigation and Landlord - Tenant for Arkansas on
Q: when a attorney files a Witt of possession at the courthouse, how does the sheriff's office get a copy to be delivered

this was filed on the 14th and I have been waiting so I can go get my belongings from the person that broke all of the laws to gain possession of my personal belongings which were in my own residence?

T. Augustus Claus
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answered on Nov 21, 2023

Once a writ of possession is filed with the court, it is the responsibility of the plaintiff's attorney to serve the writ on the defendant. This means that the attorney must deliver a copy of the writ to the defendant, either in person or by mail. The attorney must also file a proof of service... View More

0 Answers | Asked in Civil Litigation for Arkansas on
Q: My mechanic took my license plate and sent it into the state is that legal

The license plate was registered to me just to a different bike of mine

1 Answer | Asked in Civil Litigation for Arkansas on
Q: I could use some advice about my missing vehicle. Is there a lawyer that would listen to my situation and give me advic

A long time friend of mine and my husband, who we just recently discovered on social media he had passed away, had said to us that my 1965 vehicle could hang out at his place as long as she wanted and that he had a perfect spot for her that she wouldn't be in his way or in sight of anyone... View More

James L. Arrasmith
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answered on Nov 8, 2023

If you possess the title to the vehicle and it's in your name, legally the vehicle belongs to you. The first step should be to document any evidence of the agreement with the deceased friend, like messages or emails, regarding the storage of the vehicle. You should then formally request the... View More

2 Answers | Asked in Bankruptcy, Civil Litigation and Real Estate Law for Arkansas on
Q: How to handle a judgement?

I was involved in a real estate lawsuit over a house I purchased. The home has over 100k in structural damage that was discovered just a month after purchase. Unfortunately the judge threw my case out a day before trial and awarded attorney fees of $15k to the seller. I don’t have money to repair... View More

James L. Arrasmith
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answered on Nov 5, 2023

Facing a judgment can be daunting, especially when it threatens your financial stability. First, you should evaluate the judgment to ensure it was entered correctly and contemplate whether grounds exist to appeal the decision or set it aside. If that's not a viable option, and your financial... View More

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1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Sexual Harassment for Arkansas on
Q: How do I stop an extortion attempt as a teacher from an individual with only a phone number from them?
T. Augustus Claus
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answered on Aug 14, 2023

If you're facing an extortion attempt via phone from an unknown individual, your safety is paramount. Firstly, refrain from engaging with the person. Document any communications you receive, including screenshots, texts, and voicemails. Report the situation to your local law enforcement,... View More

1 Answer | Asked in Employment Law, Civil Litigation and Juvenile Law for Arkansas on
Q: 16 yoa son attacked by juvenile coworker and his job did not fire other juvenile. Assaulted with weedeater.

My 16 yoa son works for a large christian camp weedeating and mowing. His coworkers who are juveniles keep haraasing him, which he has advised his supervisor. One attacked him with a weedeater and they did not fire that juvenile. Are they not wrong for not firing or reprimanding him? My son has... View More

Maurice Mandel II
Maurice Mandel II
answered on Jul 8, 2023

Sorry to hear your sun endured this treatment. Employees are usually limited to worker's compensation benefits from on the job injuries. One exception is for the intentional physical assault by a co-worker. Then general negligence law kicks in. The employer can become civilly liable for... View More

1 Answer | Asked in Arbitration / Mediation Law, Civil Litigation and Employment Law for Arkansas on
Q: I worked for a national company that lies to everyone. I have an arbitration clause in my contract. Can I do anything?

They repeat lies and omit facts that could easily cost the customer tens of thousands of dollars- I’m sure they have done so many times. Most of their clientele is lower to middle income which is concerning. I think I can pretty easily prove that they conditioned us to repeat these lies. (BTW,... View More

Samuel B. Edwards
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Samuel B. Edwards
answered on Jun 29, 2023

Where the arbitration agreement in your employment contract is an impediment depends on what you want to do. To the extent you want to sue the company for back wages or any other employment issue, the arbitration agreement would likely require that the claims be asserted in arbitration, rather... View 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 Civil Litigation and Health Care Law for Arkansas on
Q: Can a private practice doctor refuse me if I offer to pay out of pocket since they don’t accept my insurance?

I went to a dermatologist today with an appointment that was previously booked. Upon arrival I gave them my insurance card and they stated that they did not accept my insurance. I offered to pay out-of-pocket since I really need to be looked at and they flat out refused and said that they would get... View More

Tim Akpinar
Tim Akpinar
answered on Sep 4, 2022

An Arkansas attorney could advise best, but your question remains open for three weeks. Until you are able to arrange a consult with a local attorney to review the matter under state-specific insurance and health care regulations for Arkansas, the general rule nationwide is that doctors are free to... View More

1 Answer | Asked in Civil Litigation, Civil Rights and Tax Law for Arkansas on
Q: What options are there for unreasonable neighbors outside of city limits?

We bought a house last year that has turned out to be a money pit. We've wasted quite a bit of money on repairs, while also finding out that the whole street is pretty much a party street. We're out of city limits, so the cops say theres nothing they can do. I'm enrolled in online... View More

David Luther Woodward
David Luther Woodward
answered on Jul 10, 2022

Under the circumstances, you describe I would sell and move. You need direct advice from a tax guy, but you a reasonable period of time to reinvest to avoid capital gains.

Do you have a county sheriff or local constable? If you are in the county there is some county-wide law enforcement body.

1 Answer | Asked in Civil Litigation for Arkansas on
Q: Entering on rapm from haskell, 18 wheeler cut over and I hit the wait while turning on the ramp. Top right fender is bad

Couldn't squeeze over the of wall but the absolutely not even 90 degrees turn on on the ramp to 30 is I'm possibly. It's more like 45 degree angle. I didny want to get spattered but the corner of on ramp and truck coming over sure did a number in my right fender and considering this... View More

Tim Akpinar
Tim Akpinar
answered on May 29, 2022

An Arkansas attorney could advise best here, but your question remains open for two weeks. I'm sorry for your accident. There's no mention of injuries, and I hope that's the case. Based on the description here, this isn't a bad faith matter (which would generally require some... View More

1 Answer | Asked in Personal Injury, Civil Litigation and Constitutional Law for Arkansas on
Q: What if they put they the wrong birthplace on my charges
Tim Akpinar
Tim Akpinar
answered on Mar 14, 2022

An Arkansas attorney could advise best, but your post remains open for four weeks. Something is not clear, as your post mentions charges but is under Personal Injury and Civil Litigation. A criminal attorney should advise on anything involving the term "charges," but under civil... View More

1 Answer | Asked in Car Accidents, Civil Litigation and Small Claims for Arkansas on
Q: Does interest "per annum" mean it's everyday?

The plaintiffs attorney is adding 10% interest every single day, causing my debt to double in just a couple years. Is this legal? Can he do that? He says that he legally can do this in AR

Tim Akpinar
Tim Akpinar
answered on Jan 4, 2022

An Arkansas attorney could advise best, but your question remains open for two weeks. In general usage, the term "per annum" means yearly or annually. But that doesn't reconcile with the 10% daily interest you also mention in the description.

It sounds like you are trying to...
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1 Answer | Asked in Bankruptcy and Civil Litigation for Arkansas on
Q: Is bankruptcy the best option? If so, which chapter? And do we have to hire a bankruptcy lawyer?

My fiancé and I got into a car accident- we rear ended the person in front of us. It’s was a simple fender bender and even in the police report they estimated the damages of the other person’s car at $3,000 with no injuries. Well we didn’t have insurance. Now the person we hit and his... View More

Timothy Denison
Timothy Denison
answered on Oct 8, 2021

Consult a bankruptcy attorney who can see your entire financial situation and determine the proper course of action.

1 Answer | Asked in Estate Planning, Real Estate Law, Civil Litigation and Probate for Arkansas on
Q: If a couple bought a house 34 years ago and husband died 33 years ago. The wife never remarried. Is it her house?

The husband did not have a will. And it never went through probate. But she never took his name off of the house. The wife recently died with one surviving son, who has and was living in the house for 27 out of 34 years. And now the husband's children want there part of the house. She also... View More

Anthony M. Avery
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answered on Aug 17, 2021

More than likely the wife took the fee as the surviving tenant by the entirety, which would mean her heirs own it as tenants in common. But it all depends on what estate was created when they purchased it. Hire a competent AR attorney to search the title.

1 Answer | Asked in Business Law, Civil Litigation and Gov & Administrative Law for Arkansas on
Q: what to do when the hearing officer makes false statements in the FINDING OF FACTS.

I have all the proof that he/she stated false facts. I also have the audio recording .

Peter N. Munsing
Peter N. Munsing
answered on Jun 17, 2021

You make an appeal. You may think all facts are absolute. But often what we think are "facts" are either a combination of facts and the conclusions we draw from them--and conclusions are always subject to argument.

Even judges have been known to make errors as to what the...
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1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Arkansas on
Q: If I have a warrant from county (a) & have an upcoming court date for county (b) can (b) hold me for(a)2come get me
Joshua W. Bugeja
Joshua W. Bugeja
answered on Jun 4, 2021

As a general rule of thumb, yes, the court for one county can serve the warrant for the other and arrest you (to allow the transfer). It does make a difference if the warrant was from another state though since many states, including Arkansas, often don't arrest individuals appearing in their... View More

1 Answer | Asked in Contracts, Criminal Law, Personal Injury and Civil Litigation for Arkansas on
Q: I am be sued by a woman in Cleburne County for 20k of horse boarding. She took my horse from Wi without my permission,

She got caught forging my signature on the horses registration papers. Now she's sueing me for 20k for the 2 years she's had my horse. What kind of attorney do i need

James E Hensley Jr
James E Hensley Jr
answered on Apr 15, 2021

Get a lawyer who will answer your calls even on weekends. You will probably owe her some money and she wants to keep the horse instead of taking payment. My cousin is one of the top trainers in the mid-south. Her fee is $375 per month per horse. That would come to around $9,000 in your case. Since... View More

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