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Arkansas Small Claims Court

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Statutes: Arkansas Code Annotated, Title 16, Ch. 17, Sections 201-210, 218, 601-613, 704-705; Title 16, Ch. 19, Sections 401-1108; Inferior Court Rules; Arkansas Constitutions Amendment 64.

Dollar Limit: $5,000.

Where To Sue: Where defendant resides or injury occurred. Contracts Where performance expected. Corporation resides where it does business.

Service: Certified mail (Small Claims only); sheriff or court- approved disinterred adult, constable (Justice of the Peace Court only).Hearing Date: 30-45 days after summons issued.

Attorneys: Not Allowed (Small Claims); Allowed (Justice of the Peace)

Transfer: In small claims, if party represented by an attorney or if defendant files compulsory counterclaim for more than $5000, case tried under regular civil procedure of Municipal Court. No transfer provision in Justice of Peace courts.

Appeals: By either side for new trial; to Circuit Court within 30 days.

Special Provisions: Collection agents and commercial lenders may not sue. Corporations limited to 12 claims a year. Right to sue may not be transferred. Defendant must file written answer within 20 days of service if he or she is in the state, within 30 days if outside the state.
Note: This section outlines the special rules that apply to the small claims courts of all 50 states and the District of Columbia. Filing fees are not listed because they vary greatly and change frequently. This information was last updated in 2004. Because court rules may change at any time, always check with the clerk of the small claims court to verify the accuracy of the information given for your state.

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