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Arkansas Civil Litigation Questions & Answers
2 Answers | Asked in Civil Rights, Civil Litigation and Internet Law for Arkansas on
Q: Is it legal for my ex-husband to post non-consensual videos after divorce?

I discovered that my ex-husband posted a video of us engaging in a private activity without my consent on an adult website. The videos were recorded during our marriage, but I did not consent to their recording or sharing. Although he has removed them, I am concerned he might repost them elsewhere... View More

Jeremy Malcolm
Jeremy Malcolm
answered on Mar 26, 2025

I'm very sorry that this happened to you. No, it is not legal for him to post these private videos of you, and depending on where you are both located, it might also be a criminal offense. Other than by contacting him to alert him that you might take legal action, there is no simple solution... View More

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1 Answer | Asked in Civil Litigation and Health Care Law for Arkansas on
Q: I want to recover costs from a dentist who misdiagnosed. Ofc mgr won't divulge liability carrier. How to file a claim

I was treated by a dentist who I asked for a second opinion about a cavity under one tooth of a three piece bridge. He took x-rays and confirmed there was one.

I had the bridge removed only to find there was no cavity. I asked the office manager who carries their liability coverage and was... View More

Tim Akpinar
Tim Akpinar
answered on Nov 15, 2024

An Arkansas attorney could advise best, but your question remains open for a week. The short answer to your question is that it could be malpractice, based on a textbook analysis. But from a PRACTICAL standpoint, if the dentist was not unreasonable in interpretation of the x-rays, if they handled... View More

1 Answer | Asked in Civil Litigation and Criminal Law for Arkansas on
Q: Is there such thing as failure to appear court?
Tim Akpinar
Tim Akpinar
answered on Jul 27, 2024

An Arkansas attorney could advise best, but your question remains open for two weeks. In a criminal law context, failing to appear without plausible justification could lead to additional charges - that's something an Arkansas criminal defense attorney who is knowledgeable in this area should... View More

2 Answers | Asked in Constitutional Law and Civil Litigation for Arkansas on
Q: Can I file a civil suit I had dismissed

I dismissed the case until I got out from incarcerated

James L. Arrasmith
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answered on Apr 11, 2024

In Arkansas, if you voluntarily dismissed your civil case without prejudice, you generally have the right to refile the lawsuit at a later date, subject to the applicable statute of limitations. However, if the case was dismissed with prejudice, you would be barred from refiling the same claim.... View More

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1 Answer | Asked in Criminal Law, Civil Litigation and Civil Rights for Arkansas on
Q: If a person is detained and handcuffed on the ground can a state trooper run up and kick u in the face?can I file lawsui

Somebody was handcuffed and on ground not moving and a state trooper runs up and kicks them n face so hard immediately ambulance was called on scene cae blood was coming out his eye the EMT said take to emergency. Make sure socket wasn't broke and his eye is filled with blood bad this is not... View More

James L. Arrasmith
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answered on Feb 23, 2024

It is never acceptable for law enforcement officers to use excessive force, especially against individuals who are already restrained and not posing a threat. Such actions violate the individual's rights and may constitute police brutality. If you or someone you know has experienced such... View More

1 Answer | Asked in Civil Litigation for Arkansas on
Q: Can I sue someone for disturbing the peace in Arkansas
James L. Arrasmith
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answered on Feb 23, 2024

In Arkansas, you can take legal action against someone for disturbing the peace under certain circumstances. Disturbing the peace typically involves behavior that interferes with the peace and quiet of others, such as excessive noise, fighting, or disruptive conduct. To pursue a lawsuit for... View More

1 Answer | Asked in Civil Litigation for Arkansas on
Q: If a vehicle is repossessed by a tow company then vehicle returned to the buyer but personal property was missing

The tow company has my belongings but won't return them what do I need to do to get my personal property back?

James L. Arrasmith
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answered on Jan 31, 2024

If your personal property was missing after your vehicle was repossessed and then returned to you by a tow company, you can take the following steps to get your belongings back:

Contact the Tow Company: Reach out to the tow company that handled the repossession and return of your vehicle....
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1 Answer | Asked in Civil Litigation, Criminal Law and Civil Rights for Arkansas on
Q: if three people are in a vehicle and are pulled over and arrestws because of what the officer says is the Blanket Law

There was one bag. The arresting officer took a picture and it weighed 5 grams, the state crime lab repot says one bag and weighed 4.16 grams. The person who had the drugs tried to hide them in the vehicle. Now in court the one person is being charged with 2< andthe other two are being charged... View More

James L. Arrasmith
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answered on Jan 22, 2024

In a situation where multiple people in a vehicle are charged under what's referred to as a "blanket law," it's essential to understand that such laws typically hold all occupants responsible for contraband found in a shared space. However, the specific charges and the weight... View More

1 Answer | Asked in Consumer Law, Civil Litigation and Gov & Administrative Law for Arkansas on
Q: I had a vehicle stolen . It was recovered yesterday in a church parking lot in saline county, ar. I'm in Pulaski county.

Why do I have to pay 420 dollars for 1 day in impound when the officer told them it was recovered stolen vehicle.

James L. Arrasmith
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answered on Jan 10, 2024

In cases where a stolen vehicle is recovered and impounded, the impound fees are typically the responsibility of the vehicle owner. This policy might seem unfair, especially when you're already dealing with the stress of having your vehicle stolen, but it's a common practice.

The...
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1 Answer | Asked in Civil Litigation and Landlord - Tenant for Arkansas on
Q: Can my mother in law tell me to pack my stuff and get off her property which is a house that she built for my wife and I

My wife and I have been married for 10 years. She built a house for her and I which I thought was put in my wife’s name but obviously not. So I got arrested for some charges that will all be thrown out but none the less she’s telling my wife she wants me and all my stuff home by December 31st.... View More

James L. Arrasmith
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answered on Jan 1, 2024

If the house you're living in is legally owned by your mother-in-law and not in your or your wife's name, she does have the right to ask you to leave. However, as a resident of the property, you are entitled to certain rights, including proper notice before being required to vacate the... View More

1 Answer | Asked in Contracts and Civil Litigation for Arkansas on
Q: I was served a summons and a complaint. I responded and filed with court and gave Plaintiff attorney copy.

Three months later Plaintiff attorney filed Request for admissions via E-flexed with court. He Certified he also E-Flexed me. I am not attorney and have no way to receive an E-Flex. Then three months later I received a copy of request for admissions, request for summary judgment and brief in... View More

James L. Arrasmith
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answered on Jan 1, 2024

In this situation, it's essential to respond accurately and timely to the request for admissions and the motion for summary judgment. Do not admit to any statements you believe are incorrect. If the admissions contain false or inaccurate statements, you should specifically deny those... View More

1 Answer | Asked in Employment Law and Civil Litigation for Arkansas on
Q: if i am calling to get documents that i didnt receive how can that be harassment communication?

i was told i failed a drug test ,i called my employer and asked for the lab report which im entitled too per Fmcsa regulation, a agent from the fmcsa even sent my employer the regulation. i was told that they sent it in oct 2021 i never got. a year later i found out the test was never sent to the... View More

James L. Arrasmith
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answered on Jan 1, 2024

In Arkansas, harassment communication is typically defined as any communication intended to harass, annoy, or cause alarm. However, requesting documents you're entitled to, such as a lab report for a drug test, should not constitute harassment if done reasonably and in accordance with your... View More

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Arkansas on
Q: What is the statute of limitations for absconding in Arkansas
James L. Arrasmith
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answered on Dec 20, 2023

In Arkansas, the statute of limitations for absconding, which typically falls under the category of parole or probation violations, doesn't follow the usual rules for most criminal offenses. Normally, a statute of limitations sets a time limit for the state to begin criminal prosecution.... View More

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

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

1 Answer | Asked in Child Support and Civil Litigation for Arkansas on
Q: Discrepancy in child support payments and Clearinghouse claims.

I was court-ordered to pay $657 per month in child support. The Arkansas Child Support Clearinghouse is asking for an additional payment each year, claiming I'm behind. My court order specified a monthly payment, but they mentioned an extra payment because of biweekly processing, while I... View More

James L. Arrasmith
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answered on Apr 13, 2025

It sounds like there may be a misunderstanding between your payment schedule and the Clearinghouse's processing system. Since your court order specifies monthly payments of $657, you are fulfilling your obligation according to that order. However, the Clearinghouse appears to be calculating... View More

1 Answer | Asked in Gov & Administrative Law and Civil Litigation for Arkansas on
Q: Does the 72-hour mental health hold in Arkansas extend due to weekends and holidays?

My brother is currently under a 72-hour mental health hold in Arkansas, which is supposed to end on a Saturday. However, I've been told that he can be held until Monday at 1:00 p.m. due to weekends and holidays. I'm concerned because he wants to go home, and I haven't been given any... View More

James L. Arrasmith
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answered on Apr 13, 2025

In Arkansas, a 72-hour mental health hold is a legal process to ensure someone gets the care they need, and it can be extended if necessary. Typically, the 72-hour period starts when the person is first taken into custody for evaluation, but the clock doesn't stop on weekends or holidays.... View More

1 Answer | Asked in Civil Litigation and Gov & Administrative Law for Arkansas on
Q: Legal options for 8-year-old trespassing notices in Arkansas.

8 years ago, I received a trespassing notice at a Walmart in Huntsville, Arkansas, following an incident where I flipped off the manager. The next day, police issued a trespassing notice at the 412 Express gas station down the road, related to the same incident. There are no legal charges pending... View More

James L. Arrasmith
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answered on Apr 13, 2025

It’s completely fair to want closure after so many years, especially when no charges were ever filed. In Arkansas, a trespassing notice issued by a private business like Walmart or a gas station doesn’t always expire unless the property owner specifically lifts it. That means technically, even... View More

1 Answer | Asked in Civil Litigation and Gov & Administrative Law for Arkansas on
Q: Is a Walmart trespassing notice legal if issued without direct notification?

Eight years ago at a Walmart, I flipped off a manager and received a trespassing notice from the local police the next day. Walmart didn't notify me directly, and I wasn't inside the main store when the incident occurred. Is this legal?

James L. Arrasmith
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answered on Apr 13, 2025

It’s understandable to feel confused about how something like that could stick years later, especially if you weren’t directly told in person by Walmart. In most states, a private business like Walmart does have the legal right to issue a trespass notice—even through law enforcement—if they... View More

1 Answer | Asked in Criminal Law, Civil Litigation and Personal Injury for Arkansas on
Q: Pet sitter stole tools and admitted in a message, need legal recourse

While I was out of town, I asked a 51-year-old individual to feed my pet, and he entered my locked garage and stole approximately $15,000 worth of tools. I am 67 years old. He admitted to taking the items in a Facebook message and has since engraved his initials on the tools to misrepresent... View More

James L. Arrasmith
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answered on Apr 12, 2025

Legal Strategies for Recovering Your Stolen Tools

You have a strong civil case to recover your tools, especially with the Facebook message admission. The first step is to compile detailed documentation of all stolen items, including descriptions, values, and any evidence of your ownership...
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