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Arkansas Questions & Answers
1 Answer | Asked in Landlord - Tenant for Arkansas on
Q: I am looking for the Arkansas Code Annotated section regarding a landlord selling a rental without notifying the tenant

In some research, I have found where it indicates you must give your tenants at least 60 days’ notice before showing the property or allowing any access for inspections. But then in other areas, it said the landlord only needs to give 24-48 hour notice. I would like to write a proper letter using... View More

James L. Arrasmith
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answered on Mar 31, 2024

In Arkansas, the relevant statute is Arkansas Code § 18-17-701, which addresses a landlord's right to access a rental property. This statute does not specifically address the situation of a landlord selling a rental property without notifying the tenant. However, it does provide guidance on... View More

1 Answer | Asked in Landlord - Tenant for Arkansas on
Q: I am in landlord in Arkansas. Am I required by law to remind my tenants of their lease expiration date?

My tenants lease is up March 15 2024. They have been behind on rent for months and have been trying to make payments are never getting caught up. I told them last month that their lease was up in March and the only way to renew would be if they are caught up and able to pay a 2-3 months of rent in... View More

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answered on Mar 30, 2024

In Arkansas, the specific requirements for notifying tenants about the expiration of their lease or the need to vacate the property at the end of the lease term can depend on the terms of the lease agreement itself and state law. Generally, if your lease agreement clearly states the end date and... View More

1 Answer | Asked in Tax Law and Car Accidents for Arkansas on
Q: My car was totaled before I paid sales tax. I now have no money to pay and can't get the check until I do. Help
James L. Arrasmith
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answered on Mar 29, 2024

In a situation where your car was totaled before you managed to pay the sales tax, and you're now facing the challenge of not having the funds to cover this tax to access the insurance check, it's essential to explore all available options. First, consider reaching out to the tax... View More

2 Answers | Asked in Bankruptcy for Arkansas on
Q: Can a creditor sell a vehicle if chapter 13 bankruptcy was filed immediately after vehicle was repossessed

Vehicle repossessed Feb 6th filed chapter 13 Feb 15th. Automatic stay should be placed on the vehicle and the dealer now has the vehicle back on their lot for sale. They were notified of the chapter 13 bankruptcy

James L. Arrasmith
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answered on Mar 25, 2024

When you file for Chapter 13 bankruptcy, an automatic stay is typically put in place. This stay prevents creditors from proceeding with collection actions, including the sale of repossessed vehicles. Therefore, the dealer should not sell your vehicle once they've been notified of the... View More

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1 Answer | Asked in Criminal Law and Health Care Law for Arkansas on
Q: are police supposed to stay with a person just arrested if they have to go to hospital before jail?

My stepfather suffered from a stroke in the police car after being arrested. it was from an adjoining county. After being placed in the car, our county waited on the county with the warrant at a local Dollar General. It would have taken at least 30 mins for the transporter to arrive. After... View More

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answered on Mar 25, 2024

When someone is arrested and requires hospitalization, police are typically required to ensure the person's safety and well-being, which often includes staying with or ensuring that the individual is securely handed over to medical staff. The exact protocols can vary based on local laws and... View More

1 Answer | Asked in Estate Planning, Probate and Personal Injury for Arkansas on
Q: What kind of will does one need who has mesothelioma

My brother in law was diagnosed with lung cancer and he was advised he needed to make a will so that any litigation will go on in the event of his passing before a settlement is reached

Tim Akpinar
Tim Akpinar
answered on Mar 20, 2024

An Arkansas attorney could advise best, but your question remains open for a week. You may want to repost and add Probate an Estate Planning as categories - attorneys in those areas of practice would probably have greater insight than most average personal injury firms into what provisions would be... View More

1 Answer | Asked in Gov & Administrative Law for Arkansas on
Q: Is it illegal to stop on the side of the highway or interstate if there is not an emergency or disabled vehicle in AR?

Such as to use a cellphone, get out and stretch, take a nap, etc.

James L. Arrasmith
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answered on Mar 20, 2024

In Arkansas, stopping on the side of the highway or interstate is generally reserved for emergencies or situations where the vehicle is disabled. This is primarily for safety reasons, as highways and interstates are high-speed roads where stopping can be dangerous both for the driver and for other... View More

1 Answer | Asked in Criminal Law, Federal Crimes and White Collar Crime for Arkansas on
Q: I was criminally banned by someone who claimed to be the owner, how does the owner get that lifted?

My spouses, ex has been harassing me. have proof of her constantly threatening me and even attacking me. she has broken into my previous residence. I moved in with him and she broke in into the house when he was away. 2020 Arkansas Code Title 5 - Criminal Offenses Subtitle 4 -Offenses Against... View More

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answered on Mar 13, 2024

If the owner of the property wants to lift a criminal trespass ban they previously issued against you, they would need to follow these general steps:

1. Contact law enforcement: The owner should reach out to the law enforcement agency that initially handled the criminal trespass notice and...
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1 Answer | Asked in Criminal Law, Communications Law, Federal Crimes and Civil Rights for Arkansas on
Q: Is this illegal

There another tenant from another building coming over to my parking lot area(really close to my apt) possibly my balcony and filming my conversation where as I talking inside. It film audio and video by phone.

James L. Arrasmith
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answered on Mar 8, 2024

If another tenant is filming your conversations without consent, especially when you are inside your own apartment, this could potentially violate privacy laws. The legality of such actions largely depends on the jurisdiction and specific state laws regarding privacy and consent for recording... View More

1 Answer | Asked in Education Law, Employment Discrimination, Employment Law and Civil Rights for Arkansas on
Q: Employment law. I had recently been suspended for something I didn't do for 3 days without pay without any proof at all

The person who suspended me tried to get me fired once before, but failed because they lied. Now I see it as retaliation. He tried to get me fired again.no investigation was done with my proof and all proof that I showed HR that I couldn't have done what they said because I was asleep in the... View More

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answered on Mar 8, 2024

When facing suspension from work without just cause, especially if it appears to be an act of retaliation, it's critical to know your rights and the appropriate steps to address the situation. Begin by documenting every relevant detail of the incidents, including dates, times, interactions,... View More

1 Answer | Asked in Gov & Administrative Law for Arkansas on
Q: My vehicle title was stolen and transferred.

Was swapping vehicles with guy. Gave him title and few days later he claimed title disappeared from glovebox. After about 8 weeks he wanted to swap back. In January I went to DMV to renew tags to find out title was transferred to him and now has a lien on it

James L. Arrasmith
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answered on Mar 8, 2024

If you discover that your vehicle title was stolen and transferred without your consent, it's crucial to take immediate action. First, report the theft to the police and provide them with all the details of the transaction and the individual involved. This report is essential as it serves as a... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Arkansas on
Q: I feel like I was forced to take a plea offer on three possession charges by a corrupt court. Can I do anything?
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answered on Mar 7, 2024

If you believe that you were forced to accept a plea deal and that the court was corrupt, you may have some options to challenge your conviction and/or seek justice. However, the path forward can be complex and may require the assistance of a skilled attorney. Here are some potential steps you can... View More

1 Answer | Asked in Civil Rights for Arkansas on
Q: I was in a local McDonald's the other morning when the lobby opened I went in and went to the bathroom there was a bag

On the counter I grabbed it and took it to the front I said it was in the bathroom about 5 mins later a African American guy came out and was angry saying g he had a bag of weed in his bag and now it's gone and I was the only person in there so about 10 or 20 mins later he came back out and... View More

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answered on Mar 6, 2024

In this scenario, the situation involves complex issues of privacy, accusation without evidence, and the uncomfortable position you were put in. Firstly, it's important to recognize that any person, regardless of their role at the establishment, demanding to search you, especially over a... View More

1 Answer | Asked in Tax Law for Arkansas on
Q: Can a provider legally charge a state 911 tax for a device that is not capable of dialing 911?

I have a smartwatch for my daughter through Gabb. She can make and receive calls to/from approved contacts, but the device does not have the capability of calling 911. I am charged $1.30 for the tax each month.

James L. Arrasmith
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answered on Mar 2, 2024

Based on the information provided, it seems unlikely that Gabb can legally charge a 911 tax for a device that is not actually capable of dialing 911. Here are a few key points on this issue:

- 911 fees or taxes are specifically intended to help fund emergency response services and systems...
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1 Answer | Asked in Probate for Arkansas on
Q: My husband died and I need to become owner of his estate he owns he had no will no children what do I do to get it done.
Anthony M. Avery
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answered on Feb 27, 2024

You are definitely a heir and a next of kin of your Husband, and possibly the sole heir. Consult with an AR attorney to determine heirship. An affidavit of heirship might need to be recorded as a source of title, or assist in transferring car titles. Hopefully you will not need Probate to get... 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

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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 Employment Law and Arbitration / Mediation Law for Arkansas on
Q: Is it financial retaliation if my boss waited until he was informed I made reports of policy violation cover ups to ask

Accept lower paying position then he stated could step into effective immediately. The position we agreed is a $16-17 hr position at my store I know that for sure. There isn't a reason to ask me to accept this when I've been dealing with acts of favoritism, verbal sabotage of delegations,... View More

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answered on Feb 25, 2024

It sounds like you're facing a challenging situation at work, and it's understandable that you're feeling frustrated and concerned about your boss's actions. Financial retaliation occurs when an employer takes adverse action against an employee in response to their protected... View More

1 Answer | Asked in Criminal Law and Civil Rights for Arkansas on
Q: How long does a DA have to file a formal case against someone who has been arrested and has been in jail 2 months?

His prior 25 year sentence was overturned on appeal and he was released just 2 months before being arrested again (after serving over 2 years). He requested a public defender at his initial hearing. He still hasn't been assigned one. He can't afford bail. No formal charges have been... View More

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answered on Feb 24, 2024

In many jurisdictions, there are specific time limits within which formal charges must be filed after an arrest. These time limits, known as statutes of limitations, vary depending on the nature of the offense and the laws of the state. However, the precise time limit for filing charges can be... View More

1 Answer | Asked in Bankruptcy for Arkansas on
Q: My household bills have changed since I filed bankruptcy in 2020. I asked my lawyer for a modification. She didn't do i

This was in August of 2023. Now it is February. Also she said she didn't charge me but I see $3500 on my statement. And she said she is going to do the modification and then she is thru with my case and I will hv to find another lawyer.

James L. Arrasmith
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answered on Feb 24, 2024

Based on the details provided, it seems your bankruptcy attorney has not properly handled your requested case modification or accurately represented what additional services they would provide. A few important points:

1) An attorney has an ethical obligation to follow through on filing...
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1 Answer | Asked in Bankruptcy for Arkansas on
Q: Can a creditor filed a late claim after the deadline us dept of education just filed a claim on 02/23/2024 and the dead

Line for filing a claim in my chapter 13 bankruptcy was 10/05/2023 for non gov and 01/23/2024 for government claims

James L. Arrasmith
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answered on Feb 24, 2024

Based on the details provided, it seems the US Department of Education filed their claim after the deadline for governmental entities to file claims in your Chapter 13 bankruptcy case. Specifically:

- The deadline for non-governmental entities to file claims was 10/05/2023.

- The...
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