Arkansas Questions & Answers

Q: My apartment complex let themselves into our apartment w/o notice. Is that breaking the lease?

1 Answer | Asked in Business Law, Contracts, Real Estate Law and Landlord - Tenant for Arkansas on
Answered on Apr 16, 2019
Bruce Alexander Minnick's answer
Look closely at the lease. Unless I miss my guess the lease says the landlord can enter THEIR property anytime they need to get in.

Q: Is it legal for a bank to pay only certain subcontractors, once the Architect has certified an AIA pay application

1 Answer | Asked in Banking for Arkansas on
Answered on Apr 7, 2019
Bruce Alexander Minnick's answer
Construction loans are disbursed piecemeal, as different phases are complete. The first phase includes paying the architect who drew the construction plans for the contractor to use when building the structure.

Q: sole legal custody parent has not gotten glasses or eye exam for vision impair son for a year. Can the NCP get legal cus

1 Answer | Asked in Family Law and Child Custody for Arkansas on
Answered on Apr 5, 2019
Chris W. Burks' answer
Thanks and the standard for a change in custody in Arkansas is a material change in circumstances. You could argue that the child's poor attendance and performance in school, coupled with worsening health amounts to a change in circumstances. There are many factors a Court will consider, but it is worth you speaking with an attorney based on what you decribed

Q: Is there a time limit to getting your car off the side of the road in arkansas state?

1 Answer | Asked in Contracts and Traffic Tickets for Arkansas on
Answered on Apr 4, 2019
Bruce Alexander Minnick's answer
It is unlawful to leave an unattended car on the side of most roads in every state. And--depending upon which road it is, the authorities will be sure to give tickets (and may even impound cars) when in interest of public safety.

Q: If my spouse is incarcerated, can I file married jointly?

1 Answer | Asked in Tax Law for Arkansas on
Answered on Apr 3, 2019
D. Mathew Blackburn's answer
Yes. Under IRS rules and regulations, deferring to state marital law, incarceration does not change your marital status. You are able to file married jointly.

You could also file as Married Separate (generally not beneficial) or Head of Household if he was incarcerated for at least 6 months of the year. Married joint is likely the best filing status.

Q: Can I still file married joint if my spouse's SSN has been filed on another return?

2 Answers | Asked in Tax Law and Identity Theft for Arkansas on
Answered on Apr 3, 2019
Bruce Alexander Minnick's answer
Be very careful here. If you attempt to file jointly after your spouse (or someone else posing as your spouse) has filed, the IRS will likely notice the duplicity in SSANs--and will possibly hold YOU responsible. The last thing either of you two need is the IRS coming after you.

Q: I owed 37.44 personal property taxes in arkansas. I went to pay my boyfriends ppt and they refused. They linked our tax.

1 Answer | Asked in Tax Law for Arkansas on
Answered on Apr 3, 2019
Bruce Alexander Minnick's answer
Stop looking for free advice on matters too small to talk about. Pay the $37.44 personal property tax and get on with your life.

Q: Will i be convicted if im a felon who was holding a gun for someone that ended up being stolen

1 Answer | Asked in Criminal Law and Federal Crimes for Arkansas on
Answered on Apr 1, 2019
Degen Clow's answer
You can not possess a firearm if you are a felon, even if it is not yours and you are just holding it for someone.

Q: I had a warrant for my arrest on a hot check. I spent 2 days in the detion center in January this year I went to court

1 Answer | Asked in Banking for Arkansas on
Answered on Mar 27, 2019
Bruce Alexander Minnick's answer
Although I am not authorized to practice law in Arkansas I am authorized (as are you) to Google "felony bad check in Arkansas" where you will read that "hot" checks in excess of $1,000 are felonies; hot checks totaling over $1,000 if written within 90 days of each other can sometimes (but not always) be prosecuted as felonies. As to what the judge intends to do to you at your sentencing in June, since I am not (yet) omniscient I cannot tell you; however, if you hire an Arkansas criminal lawyer...

Q: How long does it take to get your settlement after you filled out all of the paperwork

1 Answer | Asked in Uncategorized for Arkansas on
Answered on Mar 26, 2019
Timur Akpinar's answer
It could depend on the amount of the check, who the person/entity making payment is, and what type of matter it is. If you're asking from the standpoint of a payment on an insurance claim, it could be as quickly as several days if the release is approved, there are no liens, and no other issues. If there are liens that require negotiation and satisfaction, then things could take considerably longer, depending on the lienholders (for instance, if the claim involved medical services that...

Q: I'm being sued an think it's unfair an trying make me pay far more than owed an want file bankruptcy to stop it

2 Answers | Asked in Bankruptcy for Arkansas on
Answered on Mar 26, 2019
Brandon M Haubert's answer
You need to call a bankruptcy lawyer. Filing bankruptcy will help with all the issues you mentioned in your question.

Q: Can you file on criminal fines? Like misdemeanor Charges?

1 Answer | Asked in Bankruptcy, Appeals / Appellate Law, Gov & Administrative Law and Government Contracts for Arkansas on
Answered on Mar 22, 2019
Timothy Denison's answer
You cannot discharge the old fines not can you discharge the student loans. The medical bills should be dischargeable.

Q: I am need to know more about sexual indecency with a minor. My son is in some trouble for it

1 Answer | Asked in Criminal Law for Arkansas on
Answered on Mar 12, 2019
James E Hensley Jr's answer
Thank you for reaching out. The subject here will require a phone call or visit with an attorney. There are several good attorneys on this website.

Q: After Adoption is finalized. Can Grandparents of the deceased biological parents sue for visitation rights?

1 Answer | Asked in Adoption and Family Law for Arkansas on
Answered on Mar 6, 2019
James E Hensley Jr's answer
An adoption severs all ties with the parent and their relatives. See Section (a)(1) below.

Ark. Code Ann. Section 9-9-215. Effect of decree of adoption.

(a) A final decree of adoption and an interlocutory decree of adoption which has become final, whether issued by a court of this state or of any other place, have the following effect as to matters within the jurisdiction or before a court of this state:

(1) Except with respect to a spouse of the petitioner and...

Q: If it's been two yr an I've compiled with court orders do I still have to get interlocking device in Arkansas

1 Answer | Asked in DUI / DWI for Arkansas on
Answered on Mar 1, 2019
Gregg Austin Knutson's answer
I would need more information to give an opinion. It’s not clear if an interlock order was entered. Normally, once an interlock device order is entered, it must be installed and kept in place for the duration of the order.

Q: Can i legally adopt my own child?

1 Answer | Asked in Adoption for Arkansas on
Answered on Feb 23, 2019
James E Hensley Jr's answer
The answer is "yes." In Arkansas it is called a single-parent adoption. It removes an errant father from the child's life. You may adopt your child provided:

1. You do not have any felonies on your record;

2. The father has gone more than one year without having a relationship with the child. That does not mean he can show up a couple times a year. The law requires parents to be engaged in the raising of a child.

3. The father has gone more than one year without...

Q: My dad was charged with open container in Jonesboro, Arkansas

1 Answer | Asked in Criminal Law for Arkansas on
Answered on Feb 12, 2019
W. Whitfield Hyman's answer
I just pulled the statute, if the container was truly empty then your dad might have a case for suing the police officer over this false charge.

Q: Are there any Pro Bono Lawyers in Lonoke County or, any that will take a Divorce case based on contingency ?

1 Answer | Asked in Divorce for Arkansas on
Answered on Feb 11, 2019
Stewart Whaley's answer
Can't do a contingency fee in Arkansas divorces. It will be difficult securing a pro bono divorce. If the parties agree to an uncontested divorce, you may find a reasonable, fixed-fee option.

Arkansas Rule 1.5(d) (d) A lawyer shall not enter into an arrangement for, charge, or collect:

(1) any fee in a domestic relations matter, the payment or amount of which is contingent upon the securing of a divorce or upon the amount of alimony or support, or property settlement in lieu...

Q: My mom passed with no will I'm bout to lose her house to foreclosure can I file bankruptcy to save house

3 Answers | Asked in Bankruptcy for Arkansas on
Answered on Feb 7, 2019
Timothy Denison's answer
Possibly, yes, depending on the circumstances. You should contact a competent practitioner to review all hour options.

Q: Hi i have a few questions about the revocation of probation can anybody help out

1 Answer | Asked in Criminal Law for Arkansas on
Answered on Jan 30, 2019
James E Hensley Jr's answer
You need to talk with a lawyer. You could go to prison from one year to several years. Being revoked means you did not follow the Court's orders regarding your probation. Your question is very broad. We need to know where the case is, the Judge's name, your charges, your name, the specifics of your probation order, etc. Most lawyers will answer your question over the phone. The lawyers listed here are great to help. I'll be glad to talk with you too.

It is good you are reaching...

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