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Arkansas Civil Litigation Questions & Answers
1 Answer | Asked in Bankruptcy and Civil Litigation for Arkansas on
Q: Is bankruptcy the best option? If so, which chapter? And do we have to hire a bankruptcy lawyer?

My fiancé and I got into a car accident- we rear ended the person in front of us. It’s was a simple fender bender and even in the police report they estimated the damages of the other person’s car at $3,000 with no injuries. Well we didn’t have insurance. Now the person we hit and his... Read more »

Timothy Denison
Timothy Denison answered on Oct 8, 2021

Consult a bankruptcy attorney who can see your entire financial situation and determine the proper course of action.

1 Answer | Asked in Estate Planning, Real Estate Law, Civil Litigation and Probate for Arkansas on
Q: If a couple bought a house 34 years ago and husband died 33 years ago. The wife never remarried. Is it her house?

The husband did not have a will. And it never went through probate. But she never took his name off of the house. The wife recently died with one surviving son, who has and was living in the house for 27 out of 34 years. And now the husband's children want there part of the house. She also... Read more »

Anthony M. Avery
Anthony M. Avery answered on Aug 17, 2021

More than likely the wife took the fee as the surviving tenant by the entirety, which would mean her heirs own it as tenants in common. But it all depends on what estate was created when they purchased it. Hire a competent AR attorney to search the title.

1 Answer | Asked in Business Law, Civil Litigation and Gov & Administrative Law for Arkansas on
Q: what to do when the hearing officer makes false statements in the FINDING OF FACTS.

I have all the proof that he/she stated false facts. I also have the audio recording .

Peter N. Munsing
Peter N. Munsing answered on Jun 17, 2021

You make an appeal. You may think all facts are absolute. But often what we think are "facts" are either a combination of facts and the conclusions we draw from them--and conclusions are always subject to argument.

Even judges have been known to make errors as to what the...
Read more »

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Arkansas on
Q: If I have a warrant from county (a) & have an upcoming court date for county (b) can (b) hold me for(a)2come get me
Joshua W. Bugeja Esq.
Joshua W. Bugeja Esq. answered on Jun 4, 2021

As a general rule of thumb, yes, the court for one county can serve the warrant for the other and arrest you (to allow the transfer). It does make a difference if the warrant was from another state though since many states, including Arkansas, often don't arrest individuals appearing in their... Read more »

1 Answer | Asked in Contracts, Criminal Law, Personal Injury and Civil Litigation for Arkansas on
Q: I am be sued by a woman in Cleburne County for 20k of horse boarding. She took my horse from Wi without my permission,

She got caught forging my signature on the horses registration papers. Now she's sueing me for 20k for the 2 years she's had my horse. What kind of attorney do i need

James E Hensley Jr
James E Hensley Jr answered on Apr 15, 2021

Get a lawyer who will answer your calls even on weekends. You will probably owe her some money and she wants to keep the horse instead of taking payment. My cousin is one of the top trainers in the mid-south. Her fee is $375 per month per horse. That would come to around $9,000 in your case. Since... Read 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... Read more »

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

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1 Answer | Asked in Civil Litigation, Contracts, Land Use & Zoning and Real Estate Law for Arkansas on
Q: If my Mother and I purchased a piece of property can the original owner sell it again if I hold the original Deed?

My Mother and I purchased a piece of property from a friend of my Mothers that was getting older in age. This lady signed all of the necessary paperwork and we had everything properly notorized and dated. Now 2 years later this lady has sold the same piece of property to somebody else. Is this... Read more »

Paul Dumas
Paul Dumas answered on Nov 18, 2020

Assuming everything in your question is factually correct, the answer would most likely depend on whether, and when, you filed your deed of record with the Circuit Clerk of the county where the property is located. If Your deed was not filed prior to the 2nd conveyance your deed may no longer be... Read more »

1 Answer | Asked in Civil Litigation, Contracts and Landlord - Tenant for Arkansas on
Q: Is my automatic lease renewal valid if I have no automatic renewal clause on my lease and no renewal notice was given?

My landlord tells me I will lose my security deposit for breaking my lease. My initial lease term was 12 months and he says my lease automatically renewed, however there is nothing in my lease stating that it will automatically renew, in fact it gives no direction for what happens when my lease... Read more »

Dustin A. Duke
Dustin A. Duke answered on Nov 1, 2020

Without seeing your lease and the exact language of the lease I cannot offer specifics. However, generally once your lease term expires, unless there is a specific clause to the contrary, your tenancy becomes month to month. At that point, either you or your landlord can end your tenancy by... Read more »

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,... Read 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... Read more »

2 Answers | Asked in Agricultural Law, Civil Litigation and Civil Rights for Arkansas on
Q: I have been divorced from a man who was killed a few years ago. I now have to reply to this, they are foreclosing proper

We were not married at the time of his death so what could this mean?

Tim Akpinar
Tim Akpinar answered on Jan 15, 2020

I'm sorry for your difficult situation. If you have an interest in the property and want to prevent foreclosure, you must act without delay. Four weeks have gone by and your post remains open. Time is of the essence here. If you need to prevent foreclosure and have not already acted by now,... Read more »

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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... Read more »

1 Answer | Asked in Criminal Law and Civil Litigation for Arkansas on
Q: Does a loss prevention have the right to break my wrist or can i sue him. I am a female & he hit my 14 year old daughter

He stopped me fidnt say who was just i had to leave with him. I was scared so we ran & he grabbed my wrist & threw me down & broke my wrist.

Gary Kollin
Gary Kollin answered on Jul 27, 2019

If I said no, would you simply drop it?

I doubt it.

Contact a personal injury attorney

1 Answer | Asked in Bankruptcy, Civil Litigation and Civil Rights for Arkansas on
Q: A franchiser I had services with closed. My services with them didn't finish, what should I do? I paid upfront.

I have contacted them and they have told me they can't reimburse me any money back. It was a laser treatment I had purchased in advance. They charged me over $900 for 6 sessions, only 2 were completed.

Timothy Denison
Timothy Denison answered on Jul 31, 2018

If the franchiser has filed bankruptcy, all you can do is file a proof of claim. If they have not filed bankruptcy, you can go file a criminal complaint for theft by failure to make required disposition of property.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Litigation and Domestic Violence for Arkansas on
Q: When declaring someone in Arkansas's address. What should law enforcement go by?

Does a person, who is a guest at a residence, have the right to concent a legal search?

Stewart Whaley
Stewart Whaley answered on Jun 12, 2018

It depends on what happened. If consent is voluntary (state must prove) and the person is apparently authorized to give consent, the search is probably legal (see Arkansas Rules of Criminal Procedure 11.2). Think about. If you give a guest access to a residence, what's the difference in... Read more »

1 Answer | Asked in Civil Litigation, Civil Rights, Criminal Law and Federal Crimes for Arkansas on
Q: Can a police officer

Can a police officer have a no contact order with him when investigating a domestic violence report and can he arrest a person and make them sign the order before he incsrcerates. And have the judge signed the order before he books the defendant?

Richard Lane Hughes
Richard Lane Hughes answered on Apr 18, 2018

If I understand our statement of facts correctly, the answer is no.

There may be other grounds for an arrest but not for an order that did not exist at the time of the allegedly offending behavior.

1 Answer | Asked in Civil Litigation, Personal Injury and Criminal Law for Arkansas on
Q: can a person get away with attempted murder? I live in a small town in arkansas, where i walk around from to time. I

was beaten almost to death airlifted to med in memphis with bleading on brain. I pressed charges against him, but nothing is being done about it, they are saying I provoked him, but i didnt I had no kind of weapon on me, it was turned over to a deputy proscecuting attorney. he said he is declining... Read more »

Peter N. Munsing
Peter N. Munsing answered on Apr 10, 2018

If a prosecutor doesn't want to prosecute unfortunately it only emboldens the assaulter. Best thought is to consider relocating if you can get work elsewhere. As far as dealing with some of the fallout, suggest you google

psychology today therapist EMDR ______________ (insert the...
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1 Answer | Asked in Civil Litigation for Arkansas on
Q: Where can I get a copy of motion of discovery on a state vs defendant in the state of arkansas/drew county court
Robert Jason De Groot
Robert Jason De Groot answered on Oct 24, 2015

Your attorney? If not, then go see the court clerk and ask to see the official court file.

1 Answer | Asked in Civil Litigation for Arkansas on
Q: How can I get a copy of my motion of discovery from 2003
Robert Jason De Groot
Robert Jason De Groot answered on Oct 24, 2015

Go see the court clerk and ask to see the official file on the case.

1 Answer | Asked in Civil Litigation for Arkansas on
Q: How long does it take for a U.S. District Court judge to post a written opinion?
Charles Snyderman
Charles Snyderman answered on Jan 6, 2013

There is no time limit.

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