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Arkansas Collections Questions & Answers
1 Answer | Asked in Estate Planning, Real Estate Law, Collections and Probate for Arkansas on
Q: How do I pay my deceased mom's debts?

My mom recently passed and I don't have the money pay her debts until/unless I can sell her house. I know her estate is fits within the guidelines of a small estate. I have 3 other siblings too. I'm just not sure of the process in Arkansas.

Brandon M Haubert
Brandon M Haubert answered on Aug 28, 2019

You most likely need to speak to a lawyer. Even if the house fits, you may have issues with title once you try to sell. A lot of title companies will require the house to be probated even if it fits within the small estate guidelines.

You should speak to a lawyer about the debts owed and...
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1 Answer | Asked in Tax Law and Collections for Arkansas on
Q: We need help understanding Arkansas Code 26-36-301 as it applies to our specific situation.

We are on a payment plan to the University of Arkansas for an amount that was overpaid to my husband during his employment at the UofA. We’ve received notification that this debt will be collected in its entirety from our tax refund (should we get one) regardless of the fact that we have a steady... Read more »

Chad Silver
Chad Silver answered on Nov 16, 2018

If there was judgment on the balance owed against you it would be very difficult and costly to dispute. The smartest way to handle that would be good tax planning to ensure you have no refund coming back at the end of the year for the creditor to intercept. If you can ensure the tax withholding... Read more »

2 Answers | Asked in Criminal Law, DUI / DWI, Traffic Tickets and Collections for Arkansas on
Q: What can you do if you can't pay your fines

I live in Missouri now but in 2011 I was living in Hot Springs AR, I got a public intoxication charge and never paid the fine. Now they have a hold on my drivers license so I can't get reinstated but I am eligible for reinstatement in MO, I have not had a DL since 2008/9 because I had a dui in... Read more »

W. Whitfield Hyman
W. Whitfield Hyman answered on Sep 27, 2018

If you hire an attorney they may be able to lift the warrant for you.

I recommend Shane Ethridge in that area.

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1 Answer | Asked in Car Accidents and Collections for Arkansas on
Q: can an insurance co trying to collect for what they paid in uninsured motorist policy suspend DL of person responsible

I was charged with no insurance in another persons vehicle due to an accident I was responsible for. The damaged vehicle was covered by their uninsured policy. Nationwide Insurance collection calls every theee months to say my DL will be suspended if I do not pay for damage. Is this possible?... Read more »

Peter N. Munsing
Peter N. Munsing answered on Aug 21, 2018

In most states the answer is yes. Assuming you were responsible, you want to consider looking at the damage evaluation and figuring out a payment plan. Or you can consult a bankruptcy attorney but the interesting point is I've heard of cases where the debt is erased but because of the way the law... Read more »

1 Answer | Asked in Bankruptcy and Collections for Arkansas on
Q: If a judgement has been placed against someone and the person does not work what happens?

A judgement has been placed against me from a nursing home. The want my bank information, my car information, what I own (which I do not own any property other than my car), and what is property that is exempt. I am a full time college student and my husband is the only income we have. My dad was... Read more »

Timothy Denison
Timothy Denison answered on Jun 9, 2018

If you don’t work and don’t have any income, it is very difficult for them to take anything from you.

1 Answer | Asked in Copyright, Collections, Constitutional Law and Public Benefits for Arkansas on
Q: Someone wrote a book about my life and crime. It's even titled after me. I didn't consent.

Can I get compensated for them using me in a story it label me ignorant and poor.

John Espinosa
John Espinosa answered on May 28, 2018

This question doesn't belong in any of these categories. You may have a civil cause of action for defamation. You should consult with a litigation attorney who specializes in defamation. Here is some more information about defamation:... Read more »

1 Answer | Asked in Bankruptcy, Divorce and Collections for Arkansas on
Q: My daughter is getting divorced her car is in husband's name only. is she responsible for the balance if she returns car

The car my daughter is currently driving is financed in her soon-to-be ex-husband's name only. At one point the vehicle was paid off and without her knowledge he refinanced both her car and his truck for purposes of generating capital. The bank has threatened to repossess the car if she does not... Read more »

Stefan K. McBride
Stefan K. McBride answered on Jun 5, 2017

Arkansas is not a community property state, but that doesn't change the answer to your question. If her name is not on the car note, she cannot be held responsible for that debt unless the divorce judge makes her responsible. Even in that case, the only person the financing company can come after... Read more »

1 Answer | Asked in Consumer Law and Collections for Arkansas on
Q: Can my vehicle be taken by credit card company due to default judgement against me?

I have a default judgement against me from the credit card company, Discover.

I am filling out a schedule of assets.

The only thing I own is my vehicle.

Can it be taken from me?

Brandon M Haubert
Brandon M Haubert answered on May 23, 2017

You can claim some of your property as exempt from judgment creditors. If your property is does not fall with the judgment creditor exemption, then you may want to file bankruptcy to protect it. In either case, you may want to talk to a lawyer about your situation.

1 Answer | Asked in Real Estate Law, Collections and Divorce for Arkansas on
Q: I need a attorney to file a lis pendens for me.

I received a judgement against my husband in divorce for $17,000.i filed it with the county clerk so that if he sold any property it would show up like a lien. He did a quick claim title over to another guy for a house he owned. I want my money and want to file a lis pendens so that nothing can be... Read more »

Brandon M Haubert
Brandon M Haubert answered on May 22, 2017

You need to contact an attorney and send him all the paperwork to look over. Then they can help you.

1 Answer | Asked in Collections and Contracts for Arkansas on
Q: I was wondering if I can get money back I barrowed to a friend? I'm not sure what type of lawyer I would need.

I also have a letter from friend stating I would be paid back in full. Now, my friend won't even take my calls.

Don Spears
Don Spears answered on Nov 10, 2016

If the sum is not really large, you may be able to file in small claims court in your city or county. Hopefully, you have some evidence that the money was given and there was an intention of paying it back. You should contact a local attorney so that he can go over what evidence of the debt you... Read more »

1 Answer | Asked in Collections, Consumer Law and Car Accidents for Arkansas on
Q: If insurance allotted $12,500 to fix my damaged car & it only cost $4,000 to repair, can my bank keep the excess money?

This is in the state of Arkansas. The bank I have my car loan through took the excess money ($8500) my car insurance company gave me and applied it to my remaining car loan balance. Is that legal?

Adam Studnicki
Adam Studnicki answered on Nov 11, 2015

Check the loan paperwork.

1 Answer | Asked in Collections for Arkansas on
Q: Are they past the statute of limitations?

I just got a call from a "collection agency" that said that I owed $888 for a credit card from 2003 that I had allegedly been paying until 2010? I don't remember it and don't have any records. They would not provide me any other details. Do I need to worry? Do I need a lawyer?

Robert Jason De Groot
Robert Jason De Groot answered on Nov 1, 2015

It looks like there is a 5 year SOL on contracts in Arkansas: http://research.lawyers.com/arkansas/arkansas-statutes-of-limitations.html

It is always best to at least have a full discussion with a local lawyer when you have legal questions and problems.

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