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Arkansas Collections Questions & Answers
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...
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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

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 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...
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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.

1 Answer | Asked in Employment Law and Collections for Arkansas on
Q: As an independent contractor what can I do if a client refuses to pay

I worked for a company, empire aes, doing fiber optics for a month. I received two weeks of pay. After that they stopped responding to my attempts to contact and have not compensated me for the additional two weeks. I submitted my work through their system as required but they won't even respond.

Chris W. Burks
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Chris W. Burks
answered on Aug 31, 2022

Thanks and you can call the Arkansas Department of Labor. Tell them the facts that you wrote above. They have the power to determine if you may be owed wages if you were misclassified as a contractor.

2 Answers | Asked in Estate Planning, Collections, Elder Law and Probate for Arkansas on
Q: My grandfather passed away last year. My mother is executor of his estate. My grandmother is alive. He had a will.

I was supposed to receive an inheritance. My mother claims that I cannot receive that until my grandmother passes away. My brother received a new truck and boat that I’m aware of. Is she lying to me ? I have a distant relationship with my mom, but it just seems as though she is flat out lying to... View More

Nina Whitehurst
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answered on Nov 26, 2021

You can take a look at the will yourself. Go to the probate court and request a copy.

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1 Answer | Asked in Civil Rights, Collections and Landlord - Tenant for Arkansas on
Q: If you signed a 12 month lease, and at the end of the 12 months you moved completely out and notified your landlord the

Last day of your contract that you are not going to sign another lease, can they still penalize you? What’s the point of signing a contract for X amount of months if you have to tell them that you were going to terminate the lease on the day that you already signed and agreed to terminate the lease?

Dustin A. Duke
Dustin A. Duke
answered on Sep 2, 2021

It depends on what your lease says. If the lease is silent as to any notice requirements before moving out, you are perfectly within your rights to move out the last day of the lease and are under no further obligation to your landlord. However, if the lease requires a notice prior to moving out,... View More

1 Answer | Asked in Bankruptcy and Collections for Arkansas on
Q: Are my husbands assets safe if I have a judgement against me? We own nothing together. Arkansas.

If have a car insurance subrogation judgement against me, can that affect my husband wages or home? We own nothing together. Everything is in his name, except the car I was driving that day. We don’t even share a bank account.

I have no job, or assets of any kind, so it’s unclear what... View More

Timothy Denison
Timothy Denison
answered on Dec 3, 2020

Yes. His assets are safe.

1 Answer | Asked in Civil Litigation, Contracts, Divorce and Collections for Arkansas on
Q: Can a vehicle loan company sue me?

A vehicle loan company on a vehicle that was obtained during my marriage is trying to sue me (has filed a civil suit) for amount owed on the vehicle, that vehicle has been repossessed. I have since gotten a divorce and in the divorce decree it states that the plaintiff, who is my now ex-husband,... View More

Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera
answered on Jul 28, 2020

Usually the court order regarding distribution of assets and liabilities is not binding on your creditors. You can contact the lending company and provide them with a copy of the court order and they may, if they so wish, attempt to collect only from your husband, but they are not required to do... View More

1 Answer | Asked in Estate Planning, Real Estate Law, Collections and Probate for Arkansas on
Q: How do I pay my deceased mom's debts?

My mom recently passed and I don't have the money pay her debts until/unless I can sell her house. I know her estate is fits within the guidelines of a small estate. I have 3 other siblings too. I'm just not sure of the process in Arkansas.

Brandon M Haubert
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Brandon M Haubert
answered on Aug 28, 2019

You most likely need to speak to a lawyer. Even if the house fits, you may have issues with title once you try to sell. A lot of title companies will require the house to be probated even if it fits within the small estate guidelines.

You should speak to a lawyer about the debts owed and...
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1 Answer | Asked in Tax Law and Collections for Arkansas on
Q: We need help understanding Arkansas Code 26-36-301 as it applies to our specific situation.

We are on a payment plan to the University of Arkansas for an amount that was overpaid to my husband during his employment at the UofA. We’ve received notification that this debt will be collected in its entirety from our tax refund (should we get one) regardless of the fact that we have a steady... View More

Chad Silver
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answered on Nov 16, 2018

If there was judgment on the balance owed against you it would be very difficult and costly to dispute. The smartest way to handle that would be good tax planning to ensure you have no refund coming back at the end of the year for the creditor to intercept. If you can ensure the tax withholding... View More

2 Answers | Asked in Criminal Law, DUI / DWI, Traffic Tickets and Collections for Arkansas on
Q: What can you do if you can't pay your fines

I live in Missouri now but in 2011 I was living in Hot Springs AR, I got a public intoxication charge and never paid the fine. Now they have a hold on my drivers license so I can't get reinstated but I am eligible for reinstatement in MO, I have not had a DL since 2008/9 because I had a dui... View More

W. Whitfield Hyman
W. Whitfield Hyman
answered on Sep 27, 2018

If you hire an attorney they may be able to lift the warrant for you.

I recommend Shane Ethridge in that area.

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1 Answer | Asked in Car Accidents and Collections for Arkansas on
Q: can an insurance co trying to collect for what they paid in uninsured motorist policy suspend DL of person responsible

I was charged with no insurance in another persons vehicle due to an accident I was responsible for. The damaged vehicle was covered by their uninsured policy. Nationwide Insurance collection calls every theee months to say my DL will be suspended if I do not pay for damage. Is this possible?... View More

Peter N. Munsing
Peter N. Munsing
answered on Aug 21, 2018

In most states the answer is yes. Assuming you were responsible, you want to consider looking at the damage evaluation and figuring out a payment plan. Or you can consult a bankruptcy attorney but the interesting point is I've heard of cases where the debt is erased but because of the way the... View More

1 Answer | Asked in Bankruptcy and Collections for Arkansas on
Q: If a judgement has been placed against someone and the person does not work what happens?

A judgement has been placed against me from a nursing home. The want my bank information, my car information, what I own (which I do not own any property other than my car), and what is property that is exempt. I am a full time college student and my husband is the only income we have. My dad was... View More

Timothy Denison
Timothy Denison
answered on Jun 9, 2018

If you don’t work and don’t have any income, it is very difficult for them to take anything from you.

1 Answer | Asked in Copyright, Collections, Constitutional Law and Public Benefits for Arkansas on
Q: Someone wrote a book about my life and crime. It's even titled after me. I didn't consent.

Can I get compensated for them using me in a story it label me ignorant and poor.

John Espinosa
John Espinosa
answered on May 28, 2018

This question doesn't belong in any of these categories. You may have a civil cause of action for defamation. You should consult with a litigation attorney who specializes in defamation. Here is some more information about defamation:... View More

1 Answer | Asked in Bankruptcy, Divorce and Collections for Arkansas on
Q: My daughter is getting divorced her car is in husband's name only. is she responsible for the balance if she returns car

The car my daughter is currently driving is financed in her soon-to-be ex-husband's name only. At one point the vehicle was paid off and without her knowledge he refinanced both her car and his truck for purposes of generating capital. The bank has threatened to repossess the car if she does... View More

Stefan K. McBride
Stefan K. McBride
answered on Jun 5, 2017

Arkansas is not a community property state, but that doesn't change the answer to your question. If her name is not on the car note, she cannot be held responsible for that debt unless the divorce judge makes her responsible. Even in that case, the only person the financing company can come... View More

1 Answer | Asked in Consumer Law and Collections for Arkansas on
Q: Can my vehicle be taken by credit card company due to default judgement against me?

I have a default judgement against me from the credit card company, Discover.

I am filling out a schedule of assets.

The only thing I own is my vehicle.

Can it be taken from me?

Brandon M Haubert
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Brandon M Haubert
answered on May 23, 2017

You can claim some of your property as exempt from judgment creditors. If your property is does not fall with the judgment creditor exemption, then you may want to file bankruptcy to protect it. In either case, you may want to talk to a lawyer about your situation.

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