......How Small Claims Court works in Arkansas....How you can use it....
Did your tenant leave owing you three months' rent? Did your customer fail to make all the payments for the merchandise? Did the salesman say the used car was in good mechanical condition but you found out three days later that the engine block was cracked? If you want to recover your money but do not want the expense of an attorney, you many want to go to Small Claims Court.
Arkansas Small Claims Court is a division of District Court. There is one in each county. There are no attorneys. Instead,you represent yourself! Relaxed rules of procedure are followed. You can sue when someone:
has failed to live up to the terms of a legal agreement (a contract)
has damaged your property
has taken your property and you wish to get it back
The amount of your claim or the value of the property normally cannot be more than $5000.00. Certain types of claims(divorce, injunctions, bodily injury, real estate title disputes, etc.) are not allowed in Small Claims Court. There are certain Small Claims Courts currently experimenting with a $25,000.00 maximum limit, including the Pope County District Court.
You go to the District Court Clerk's office. The clerk will provide you with a simple form to complete in which you describe your claim. The cost to start the suit depends upon how many people you sue and the manner in which they are served with papers. The cost to sue one person and serve him with papers using a certified letter is about $75.00. The clerk will assist you in sending the certified letter.
Once the person you are suing is served with papers, they have 20 days in which to file a response to your claim. If they do not, the Court will rule in your favor by entering a judgment for your debt plus your court costs. A judgment is the court document stating that you are legally entitled to the money (or to the recovery of the property).
If the other person does file a timely response, a trial will be held. It may take one to three months before the trial is held. At the trial it is important that you have the evidence necessary to prove your claim(witnesses, documents, photographs. etc.). You may want to consult an attorney as to the best means to present you case at the trial. If the person you are suing obtains an attorney, the case will be transferred out of Small Claims Court. However, you still have the right to represent yourself.
Winning in Small Claim Court does not automatically mean you get your money. If the person you sued does not pay you, additional steps must be taken in an effort to obtain payment. This could include garnishment of his wages or bank accounts, filing a lien against his real estate, or the actual taking of his physical property. The clerk can provide you some assistance in taking such steps, including forms. There are additional court costs involved, which are added to the debt owed by the person.
The decision in Small Claims Court can be appealed by either party to Circuit Court. The appeal must be filed within 30 days. Additional costs of approximately $225 are involved. If there is an appeal, a totally new trial is held. Waiting time for such a trial can be a year or longer.The information in this article is based on the specific practices at the Pope County District Court (telephone 479- 968-1393). Procedures (providing forms and other assistance, waiting time, etc.) may vary somewhat in other counties.
Depending upon the amount of money involved, you may want to consider an attorney consult for the purpose of firming up your strategy, proof, etc. While there is expense involved, it will not be near as much as having an attorney represent you. If our office can help you in this or any other way, please call 479-968-4747 (Russellville area) or 888-295-4741 (Arkansas state-wide toll-free).
Copyright (c) 2011, Law Offices of Jim Carfagno, Jr., P.A. All rights reserved.