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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 Appeals / Appellate Law, Civil Litigation, Civil Rights and Contracts for Arkansas on
Q: Can I challenge suspension from an unincorporated association in Arkansas without evidence or warnings?

I am an equal member of an unincorporated association, with hereditary rights granting me full privileges of private use for life, passed down through many generations. Recently, I received a formal decision by mail stating that I am to be suspended, ejected, and evicted from the association. This... View More

James L. Arrasmith
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answered on Apr 1, 2025

Your membership in an unincorporated association with hereditary rights creates a potentially enforceable property interest under Arkansas law, which may be protected against arbitrary termination without due process. Arkansas courts have recognized that private associations must follow their own... View More

1 Answer | Asked in Personal Injury, Military Law and Civil Litigation for Arkansas on
Q: US military member shocked by exposed outlet without faceplate at hotel in Arkansas, seeking legal guidance.

I am an active duty US military member staying at a major hotel chain for a two-week class related to the army. While in my room, I received an electrical shock from an exposed outlet without a faceplate, which exposed the full internal components. Fortunately, I did not sustain physical injuries,... View More

James L. Arrasmith
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answered on Mar 23, 2025

First, you should immediately report this incident to hotel management, documenting their response, while also filing an incident report with both the hotel's corporate office and local authorities. Taking photos was a wise first step, but establishing an official record is crucial for any... View More

1 Answer | Asked in Civil Litigation, Family Law and Social Security for Arkansas on
Q: How to petition for expedited postmortem paternity test in AR?

I'm representing myself in Arkansas, specifically in Pulaski County, and need guidance on writing a petition to the court for an expedited postmortem paternity test. The test is necessary to compare a tissue sample for my child's father, who was killed a year ago before she was born. I... View More

James L. Arrasmith
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answered on Mar 16, 2025

Start by drafting a petition titled clearly, such as "Petition for Expedited Postmortem Paternity Testing," and include your full name, address, and contact details. Clearly state your relationship to the deceased, explain your child's need for Social Security benefits, and emphasize... View More

1 Answer | Asked in Personal Injury, Civil Litigation, Health Care Law and Medical Malpractice for Arkansas on
Q: I had a heartatack where the left arterie connecting to the heart was 100 % blocked. The heart md put 2 stints

He gradulated md school 2001 suppose to go 20Hours yearly . he neds 400 hrs to keep md lic. He has not gone and nobody made him. chi hospital hotsprings arkansas. He tried to fix the blockage but did not put the first stint in far enough to get the clog out and the stint end past where the... View More

Tim Akpinar
Tim Akpinar
answered on Dec 25, 2024

An Arkansas attorney could advise best, but your question remains open for a week. I'm sorry for your heart attack. Your account of the matter contains considerable valuable detail, but you delve into medical issues that attorneys would need to discuss with medical professionals. You could... View More

1 Answer | Asked in Civil Litigation and Criminal Law for Arkansas on
Q: is it agasint the law to take a forgery check to the bank?

forgery in the second deree

Richard Lane Hughes
Richard Lane Hughes
answered on Nov 7, 2024

Yes. Uttering (taking a forged check to the bank or otherwise presenting it for payment or something of value) is an element of the offense.

If one did not know that the check was forged they might lack the mens rea (state of mind or requisite intent) to commit the offense.

Your...
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