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Arkansas Small Claims Questions & Answers
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
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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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2 Answers | Asked in Bankruptcy, Consumer Law and Small Claims for Arkansas on
Q: If the lien is more than the debt, can the debt be forgiven

I was given an RV that has a lien, the rv has been vandalized severely, making the RV not worth more than the lien. Can the lien be forgiven? I am not sure what to do as I need this RV desperately.

W. J. Winterstein Jr.
W. J. Winterstein Jr.
answered on Mar 10, 2023

Assuming that the lienholder properly perfected it lien (easy to do), a bankruptcy filing by its owner will not impair or "forgive" the liened indebtedness.

If you file a Chapter 7 case (the *Desnup* US Supreme Court decision), the bankruptcy has no effect, and the lien cannot be...
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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 Criminal Law, Appeals / Appellate Law and Small Claims for Arkansas on
Q: Is there a way I can address ta bench warrant/writ of bodily attachment without going to jail?

I apparently have a bench warrant and writ of bodily attachment from 2011, at that time in my life I was very heavily an IV drug abuser, homeless, jobless... Now I have a full time job, an apartment, custody of my child and I’m a single mother, father of my child can’t be found so I need to... View More

James E Hensley Jr
James E Hensley Jr
answered on Mar 8, 2021

It sounds like you have done well for yourself. Thanks for reaching out. The answer is yes but with a caveat that many Judges make you show up to have the warrant served on you. We need to know the charges and where the case is located. For instance, if you have misdemeanor charges in Conway, there... View More

2 Answers | Asked in Civil Litigation, Small Claims, Personal Injury and Car Accidents for Arkansas on
Q: What is Arkansas state law for auto accidents? My husband was rear-ended in my Camry by a Chevy pickup.

He gave a us a false name but the right phone number. We were staying in contact until I called his insurance to confirm he filed the claim. He did not. He is denying the whole thing. There were plenty of businesses around that hopefully caught it on surveillance. My Camry is totaled and my husband... View More

Paul Gerard Pfeifer
Paul Gerard Pfeifer
answered on Dec 16, 2020


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1 Answer | Asked in Landlord - Tenant, Small Claims and Real Estate Law for Arkansas on
Q: What legal action can be taken if a property manager let a repair man in the unit without the permission of the tenant?

The property manager orally promised to not let anyone enter the property unless the tenant was told. A repair man was supposed to repair the oven door because it would not shut completely, even with it on. The property manager told the tenant that the repair man would come on the weekend and the... View More

Anthony M. Avery
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 10, 2020

If you have a Lease Contract, then it probably allows this or generally makes repairs the Landlord's duty. You are lucky to have such a Landlord. I doubt you would have any damages even if the Contract prohibited this unannounced visit. Irregardless, there is no cause of action.

1 Answer | Asked in Small Claims and Federal Crimes for Arkansas on
Q: Sold my car for $4,500. The man wrote a check at my bank, transferred $ to my account. He took the car then stopped pymt

We made the transaction on camera with a bank teller who verified he had sufficient $ in his accountThe $ cleared into my account, then the next day it was returned to the buyer. I lost the $ and my car. Now they aren't answering the phone. What can I do?

James E Hensley Jr
James E Hensley Jr
answered on May 9, 2020

File a complaint with the police department where this event occurred. Then take that complaint to the prosecutor. This is a crime even though stopping payment on a check is allowed. Failing to return the vehicle is theft.

1 Answer | Asked in Civil Litigation, Criminal Law and Small Claims for Arkansas on
Q: I have a family member that has a warrant out for their arrest for a Class A theft misdemeanor in Arkansas of $199.65

What is the possible penalty they may face and they currently do not have a record and have never been arrested. This will be their first offense.

Degen Clow
Degen Clow
answered on Jan 7, 2020

This is an A - Misdemeanor, the penalty range is up to 1 year in county jail and up to a $2,500 fine. Because they are a first offender, their are several ways to handle this type of case to try to keep it off their record and help avoid any jail time. You should consult with a criminal defense... View More

1 Answer | Asked in Estate Planning, Landlord - Tenant and Small Claims for Arkansas on
Q: Can a storage unit manager cut my lock off and let someone else have my unit and all my stuff because of late payments?

I have fallen behind on my storage unit monthly payments. The guy cut my lock off and let my separated husband put his lock on. Now I can get my washer and dryer out of there because my estranged husband wont let me in the unit.

Nina Whitehurst
Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 22, 2019

Yes, but only after they have followed the correct lawful processes for providing notice to the renter. It is possible that your husband bought the contents at auction, but that is pure speculation. You should contact a local consumer affairs attorney for advice on your specific situation.

1 Answer | Asked in Civil Rights, Employment Law and Small Claims for Arkansas on
Q: Is it fair that only one employee gets fired from the job and both of the employees were fighting?
Tim Akpinar
Tim Akpinar
answered on Sep 4, 2019

No, on its face, it does not seem fair. But the only opinion that really has legal significance for you here is that of an employment attorney. And your post remains open for four weeks. It's likely that based on the limited facts, it is difficult for an employment attorney to offer meaningful... View More

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