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Arkansas Civil Litigation Questions & Answers
1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Sexual Harassment for Arkansas on
Q: How do I stop an extortion attempt as a teacher from an individual with only a phone number from them?
T. Augustus Claus
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 14, 2023

If you're facing an extortion attempt via phone from an unknown individual, your safety is paramount. Firstly, refrain from engaging with the person. Document any communications you receive, including screenshots, texts, and voicemails. Report the situation to your local law enforcement,... View More

1 Answer | Asked in Employment Law, Civil Litigation and Juvenile Law for Arkansas on
Q: 16 yoa son attacked by juvenile coworker and his job did not fire other juvenile. Assaulted with weedeater.

My 16 yoa son works for a large christian camp weedeating and mowing. His coworkers who are juveniles keep haraasing him, which he has advised his supervisor. One attacked him with a weedeater and they did not fire that juvenile. Are they not wrong for not firing or reprimanding him? My son has... View More

Maurice Mandel II
Maurice Mandel II
answered on Jul 8, 2023

Sorry to hear your sun endured this treatment. Employees are usually limited to worker's compensation benefits from on the job injuries. One exception is for the intentional physical assault by a co-worker. Then general negligence law kicks in. The employer can become civilly liable for... View More

1 Answer | Asked in Arbitration / Mediation Law, Civil Litigation and Employment Law for Arkansas on
Q: I worked for a national company that lies to everyone. I have an arbitration clause in my contract. Can I do anything?

They repeat lies and omit facts that could easily cost the customer tens of thousands of dollars- I’m sure they have done so many times. Most of their clientele is lower to middle income which is concerning. I think I can pretty easily prove that they conditioned us to repeat these lies. (BTW,... View More

Samuel B. Edwards
Samuel B. Edwards
answered on Jun 29, 2023

Where the arbitration agreement in your employment contract is an impediment depends on what you want to do. To the extent you want to sue the company for back wages or any other employment issue, the arbitration agreement would likely require that the claims be asserted in arbitration, rather... View More

1 Answer | Asked in Civil Litigation, Family Law and Immigration Law for Arkansas on
Q: If IAM born from bad country but my family from London have passport britsh how can l get passport britsh with out help

My father in the past have family on another country ,then second family from London .IAM on first family son of my Dad bcoz iwant britsh passport to job and stady

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 25, 2023

If you were not born in the UK and do not have British citizenship, you will need to go through the proper channels to obtain a British passport. The fact that your father's second family has British passports does not automatically entitle you to one.

To obtain a British passport, you...
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1 Answer | Asked in Civil Litigation and Health Care Law for Arkansas on
Q: Can a private practice doctor refuse me if I offer to pay out of pocket since they don’t accept my insurance?

I went to a dermatologist today with an appointment that was previously booked. Upon arrival I gave them my insurance card and they stated that they did not accept my insurance. I offered to pay out-of-pocket since I really need to be looked at and they flat out refused and said that they would get... View More

Tim Akpinar
Tim Akpinar
answered on Sep 4, 2022

An Arkansas attorney could advise best, but your question remains open for three weeks. Until you are able to arrange a consult with a local attorney to review the matter under state-specific insurance and health care regulations for Arkansas, the general rule nationwide is that doctors are free to... View More

1 Answer | Asked in Civil Litigation, Civil Rights and Tax Law for Arkansas on
Q: What options are there for unreasonable neighbors outside of city limits?

We bought a house last year that has turned out to be a money pit. We've wasted quite a bit of money on repairs, while also finding out that the whole street is pretty much a party street. We're out of city limits, so the cops say theres nothing they can do. I'm enrolled in online... View More

David Luther Woodward
David Luther Woodward
answered on Jul 10, 2022

Under the circumstances, you describe I would sell and move. You need direct advice from a tax guy, but you a reasonable period of time to reinvest to avoid capital gains.

Do you have a county sheriff or local constable? If you are in the county there is some county-wide law enforcement body.

1 Answer | Asked in Civil Litigation for Arkansas on
Q: Entering on rapm from haskell, 18 wheeler cut over and I hit the wait while turning on the ramp. Top right fender is bad

Couldn't squeeze over the of wall but the absolutely not even 90 degrees turn on on the ramp to 30 is I'm possibly. It's more like 45 degree angle. I didny want to get spattered but the corner of on ramp and truck coming over sure did a number in my right fender and considering this... View More

Tim Akpinar
Tim Akpinar
answered on May 29, 2022

An Arkansas attorney could advise best here, but your question remains open for two weeks. I'm sorry for your accident. There's no mention of injuries, and I hope that's the case. Based on the description here, this isn't a bad faith matter (which would generally require some... View More

1 Answer | Asked in Personal Injury, Civil Litigation and Constitutional Law for Arkansas on
Q: What if they put they the wrong birthplace on my charges
Tim Akpinar
Tim Akpinar
answered on Mar 14, 2022

An Arkansas attorney could advise best, but your post remains open for four weeks. Something is not clear, as your post mentions charges but is under Personal Injury and Civil Litigation. A criminal attorney should advise on anything involving the term "charges," but under civil... View More

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 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... View 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... View More

Anthony M. Avery
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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...
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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
Joshua W. Bugeja
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... View 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... 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 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... View 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... View 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... View 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... View 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,... 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

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,... View 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... View More

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