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Arkansas Collections Questions & Answers
1 Answer | Asked in Collections and Consumer Law for Arkansas on
Q: Can a company withdraw money for an old debt?

I received a letter from a credit management company about a bill that's over ten years old. They mentioned they can't sue me due to the age of the bill, but they took $735 from my bank account two years ago. They also threatened further action if I don't pay. Is it legal for them to... View More

James L. Arrasmith
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answered on Oct 31, 2025

A company cannot legally withdraw money from your bank account without your explicit authorization. If they took funds without your consent, that is considered an unauthorized transaction. Even if you owed the debt in the past, they are not allowed to reach into your account unless you gave them... View More

1 Answer | Asked in Collections and Employment Law for Arkansas on
Q: How to prepare a schedule verified by affidavit for a credit card judgment?

I am an 80-year-old resident in Arkansas with no personal property or real estate. I recently had a judgment filed against me for a credit card on September 24, 2025. The judgment is requesting that I prepare a schedule verified by affidavit, giving me 45 days to complete this. However, I have not... View More

James L. Arrasmith
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answered on Oct 30, 2025

It sounds like the court has asked you to provide a **schedule of your assets and income**, verified by an affidavit, so they can understand your financial situation after the judgment. In Arkansas, this means you must make a written list of everything you own and any sources of income, then sign... View More

1 Answer | Asked in Collections, Contracts and Civil Litigation for Arkansas on
Q: Client refused to pay agreed amount and expenses for housekeeping job; how can I recover?

I am a housekeeper and my recent client refuses to pay me the remaining amount she owes for a job I completed. Initially, she paid me $32/hr on the first night and promised to send more the next day. On the second day, she decided to pay me the same rate she earns, which amounted to $50/hr based on... View More

James L. Arrasmith
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answered on Sep 14, 2025

You have clear documentation of the agreement, including text messages and witness statements, which is very important for recovering unpaid wages. Start by sending a formal demand letter outlining the amount owed for your work and vehicle expenses, and give a reasonable deadline for payment. Make... View More

1 Answer | Asked in Collections for Arkansas on
Q: I need to understand a debt from 2011 of $18,791.69 and its implications.

I have been informed that there is a body attachment against me because I supposedly owe $18,791.69 from November 10, 2011. However, the local authorities in my city did not take me to jail when they learned of this situation. I am trying to understand how this debt originated and why I owe this... View More

James L. Arrasmith
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answered on Jul 27, 2025

It sounds like a “body attachment” was issued because a court believes you failed to satisfy a money judgment—essentially a civil arrest warrant to compel you to appear and explain why you haven’t paid. That \$18,791.69 figure is likely the original debt plus accumulated interest, court... View More

1 Answer | Asked in Collections and Banking for Arkansas on
Q: Help with writ of garnishment against joint account; all funds are husband's earnings. How to file exemption claim?

I need assistance regarding a writ of garnishment against my joint bank account for $3,100, related to a debt solely in my name. I have 30 days to respond and wish to file a claim of exemption, as all funds in the account are from my husband’s earnings—he's the sole earner and hasn't... View More

James L. Arrasmith
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answered on Jul 6, 2025

First, don’t scramble your husband’s paychecks around or withdraw funds—that can look like you’re trying to hide assets and could backfire. Instead, head straight to the court clerk or sheriff’s office that issued the writ and ask for the local “Claim of Exemptions” or “Answer to... View More

1 Answer | Asked in Collections, Civil Litigation and Consumer Law for Arkansas on
Q: Seeking advice on handling medical debt fess, considering questionable practices of collection agency and attorney in Arkansas.

I was served papers a year ago due to medical debt that went into collections. I responded in writing, requesting a payment plan or reduced cost, and mailed my response to the court clerk. I have a copy of the response saved. A year later, the collection agency contacted me with significant court... View More

James L. Arrasmith
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answered on Jul 6, 2025

You are right to pause and question what’s happening before taking further action. If the collection agency or attorney added court and legal fees, you should first check whether there was ever a judgment entered against you. Contact the court where the original case was filed and request a copy... View More

1 Answer | Asked in Collections, Consumer Law and Contracts for Arkansas on
Q: How can I recover my repossessed car without prior notice?

I am seeking legal assistance to recover my car, which was repossessed on May 29, 2025. This is the first repossession, and I didn't receive any prior notice. I missed a payment, but the lender usually communicates this without any issues. The car lot told me I need to retain a lawyer before... View More

James L. Arrasmith
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answered on Jun 1, 2025

That’s a frustrating and stressful situation, especially when you’ve been trying to resolve things in good faith. In most states, including yours, lenders are required to follow certain steps before and after a repossession. While they usually don't have to give advance notice before... View More

1 Answer | Asked in Collections, Civil Litigation and Real Estate Law for Arkansas on
Q: How to get a default judgment release filed with a zero balance in Arkansas?

I had a default judgment filed against me in 2015, which now has a zero balance as confirmed by the company. They have sent me a letter via fax and email stating the account was paid in full and that there is a zero balance. However, they have not filed a formal release of the default judgment with... View More

James L. Arrasmith
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answered on Jun 12, 2025

You can file a "Motion for Satisfaction of Judgment" with the court where the default judgment was entered, along with the company's letter confirming zero balance. In Arkansas, when a judgment creditor fails to file a proper satisfaction of judgment after the debt is paid, you as... View More

2 Answers | Asked in Bankruptcy, Collections, Landlord - Tenant and Real Estate Law for Arkansas on
Q: Can garnishment be nullified if car was repoed during COVID-19 pandemic?

During the COVID-19 pandemic in 2019, my car was repossessed. At that time, I had lost my job, and there were no accommodations offered by my lender. They reportedly served papers at the wrong address, and additionally, they repossessed my grandmother's car after her passing. My current job... View More

Timothy Denison
Timothy Denison
answered on May 26, 2025

No.

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1 Answer | Asked in Collections, Personal Injury, Employment Law and Civil Rights for Arkansas on
Q: Vehicle wrongfully repossessed and assaulted by sales rep in Arkansas.

On September 9, 2024, I was working at Camden Housing Authority, and when I returned for lunch, I found my vehicle missing. I later learned it was repossessed by Car-Mart, despite my payment not being past due or outside the 13-day grace period. When I visited Car-Mart to resolve the issue, the... View More

James L. Arrasmith
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answered on May 14, 2025

What happened to you is deeply troubling and deserves to be taken seriously. If your vehicle was repossessed even though your payment was within the grace period, you may have a strong claim for wrongful repossession. In Arkansas, lenders must follow the terms of the contract and act in good faith.... View More

1 Answer | Asked in Collections, Personal Injury and Civil Litigation for Arkansas on
Q: Seeking legal action against Car-Mart for wrongful repossession and assault.

On September 9, 2024, while working at Camden Housing Authority, I discovered my car had been repossessed by Car-Mart, despite not being past due on payments or exceeding the 13-day grace period. When I confronted Car-Mart about this, the district manager was very rude and called the police,... View More

James L. Arrasmith
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answered on May 14, 2025

What happened to you sounds not only frustrating but deeply unjust, especially if your vehicle was taken without cause and you were physically assaulted during the confrontation. If your account is accurate and you were within the grace period on payments, the repossession may have been unlawful.... View More

1 Answer | Asked in Contracts, Collections and Real Estate Law for Arkansas on
Q: Can I file a lien on my neighbor's property in Arkansas for unpaid bicycle sale and loan?

I sold my neighbor an expensive bicycle for $5,600, with the understanding that I would receive payment on April 1, 2025. We did not have a written agreement. However, I have made several requests for payment, but my neighbor only provides excuses, such as being unable to find a job. I also... View More

James L. Arrasmith
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answered on Apr 11, 2025

That situation sounds incredibly frustrating, especially when you’ve trusted someone and they keep avoiding repayment. In Arkansas, you can’t place a lien on someone’s property just because they owe you money, unless there’s a legal judgment or a written agreement that gives you the right... View More

2 Answers | Asked in Bankruptcy, Collections and Health Care Law for Arkansas on
Q: Can I file for bankruptcy to stop wage garnishment after repo? Essential meds at risk.

I recently had a repossession, and now the creditor is trying to file a judgment to garnish my wages. I received a letter today specifying the amount of the debt they aim to collect. I attempted to arrange a payment plan and had been paying online, but one day the payments stopped processing, and... View More

Timothy Denison
Timothy Denison
answered on Feb 26, 2025

Yes. You can. But you should sit down with a bankruptcy professional who can assess your entire financial situation before you do anything.

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1 Answer | Asked in Social Security, Consumer Law and Collections for Arkansas on
Q: How do I file an exemption of my social security disability check for a complaint filed against me for bad debit?

A complaint has been filed in Franklin district court state of Arkansas against me for bad debit I couldn’t pay when I became disabled I can’t afford to file bankruptcy . My ssid check is my only source of personal income my personal property consist of a tv a bedroom suit and a couch coffee... View More

James L. Arrasmith
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answered on Apr 17, 2024

To claim an exemption for your Social Security Disability (SSDI) income in Arkansas, you need to file a "Claim of Exemption" form with the court. Here are the steps to follow:

1. Obtain the "Claim of Exemption" form (Form AR-EX) from the Arkansas Judiciary website or the... View More

1 Answer | Asked in Banking, Civil Rights, Collections and Federal Crimes for Arkansas on
Q: How do I hold a bank liable for money that I reported wasn't authorized but they haven't reimbursed me?

I went to my banks, Regions and First Financial in El Dorado AR., in May of 2021 and told them I had been the victim of data breeches and identity theft in August 2020 and told them there were a lot of unauthorized charges on my account. I signed paperwork at Regions and headed to FFB1, by the time... View More

James L. Arrasmith
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answered on Feb 23, 2024

Facing the challenge of holding a bank accountable for unreimbursed unauthorized charges can be an uphill battle, especially when documentation seems to vanish, and regulatory bodies have not resolved the issue to your satisfaction. It's crucial to persist in your efforts to recover your... View More

1 Answer | Asked in Identity Theft, Collections and Federal Crimes for Arkansas on
Q: I have had my identity and savings stolen from a conman, how do I hold him accountable and get justice for his actions?

In May of 2020 I met a man who was everything I had prayed for. I thought, little did I know it was a game he was playing to wipe me out. I had just been approved for my disability for severe brain trauma and PTSD the very day I met him. In our third date we were involved in a motorcycle wreck that... View More

James L. Arrasmith
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answered on Feb 25, 2024

I'm very sorry to hear about this terrible situation. Recovering from identity theft and financial fraud requires assertive action across multiple fronts:

1. Continue working with your banks and credit card providers to document fraudulent activity, ensure your accounts are... View More

2 Answers | Asked in Contracts, Collections and Small Claims for Arkansas on
Q: If I sold my camper to my brother-in-law and he has not made the payments in 2 months can I repossess it?
T. Augustus Claus
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answered on Sep 11, 2023

n most cases, you will need to provide written notice to your brother-in-law, notifying him of the default and giving him an opportunity to make the overdue payments within a specified period. If this fails to resolve the issue, you may need to pursue legal procedures, such as filing a replevin... View More

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1 Answer | Asked in Criminal Law, Collections and Libel & Slander for Arkansas on
Q: Can you be charged with thrift of property for repoing your own vehicle back from the company cause they repoed it from

Me before the payment was due. Doesn't that mean they were in breach of contract first. And it's in my name how can you steal something that is your

Barry W. Kaufman
Barry W. Kaufman
answered on Jun 24, 2023

Yes. Once your vehicle is taken back by the Lender, you have no right to retake possession without their permission.

1 Answer | Asked in Collections for Arkansas on
Q: Can a collection company charge attorney fees if you haven't been in court over a debt?
Joel Gary Selik
Joel Gary Selik
answered on Mar 17, 2023

Yes the are allowed to if it is the signed contract, which it usually is.

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.

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