Small claims forms · Arkansas

Arkansas small claims court forms

Vera can't fill Arkansas's small claims forms yet. Here is what the court provides and what to know; Vera still helps you organize your case, deadlines and evidence.

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If you were sued: your answer is due 30 days after you were served. Source: Arkansas District Court Rule 10(b).

To sue (you're the plaintiff)

The claim is filed in the small claims division of the district court. It covers contract claims up to $5,000 excluding interest, costs, and attorneys' fees; recovery of personal property worth up to $5,000; and damage to personal property up to $5,000 excluding interest and costs (Administrative Order Number 18, §§ 3(b)-(d), 4).
"No attorney-at-law or person other than the plaintiff and defendant shall take part in the filing, prosecution, or defense of litigation in the small claims division"; if the judge finds that an attorney represents a party, the case moves to the civil docket. A collection agency, an assignee of a claim, or a business that lends money at interest may not sue there. Only certain closely held Arkansas corporations may sue or be sued there, and "A corporation shall be represented in the proceedings by an officer of the corporation" (Administrative Order Number 18, § 4(a)-(c)).
The Arkansas Judiciary publishes no small claims form. The claim form is set out in the rule itself: a claim "in substantially the following form" naming the district court, the parties, the defendant's address, the nature of the claim, the relief claimed, the date the claim arose, and its factual basis, followed by a Summons and Notice to Defendant and a Return of Service. "No separate summons is required" (District Court Rule 10(a)(1), (a)(3)(B); arcourts.gov, Court Forms).
The plaintiff prepares the claim form and presents it in person. On receiving it and the filing fee, the clerk files it and helps the plaintiff obtain service, and includes a copy of the answer form with the claim served on the defendant (District Court Rule 10(a)(2)).
Unless the plaintiff asks for the sheriff or another authorized person, the clerk serves the claim by certified mail with a return receipt requested from the addressee only; the postage may be collected from the plaintiff at filing. Service follows Rule 4 of the Arkansas Rules of Civil Procedure (District Court Rule 10(a)(3)).
The case is tried informally before the court with relaxed rules of evidence. No depositions, interrogatories, or other discovery are allowed except in aid of execution, and no new parties may be brought in (District Court Rule 10(d)).

If you were sued (you're the defendant)

"A defendant shall file an answer with the clerk of the court within thirty (30) days after the service of the claim form upon the defendant" and mail a copy to the plaintiff. The summons warns that otherwise "a default judgment may be entered against you" (District Court Rule 10(a)(1), (b)).
The answer, with any claim for affirmative relief, follows the form set out in the rule: the court, the parties, the defendant's address, the "Reason for Denial of Plaintiffs Claim", and any affirmative relief with its amount, the date it arose, and its factual basis. The clerk includes a copy of this form with the claim served on the defendant (District Court Rule 10(a)(2), (c)).
"No attorney-at-law or person other than the plaintiff and defendant shall take part in the filing, prosecution, or defense of litigation in the small claims division"; if the judge finds that an attorney represents a party, the case moves to the civil docket. A corporation "shall be represented in the proceedings by an officer of the corporation" (Administrative Order Number 18, § 4(a), (c)).
Both sides may offer evidence through witnesses at the hearing, or at another time with the court's permission. The case is tried informally with relaxed rules of evidence (District Court Rule 10(d)(1), (2)).
No execution or enforcement issues on a judgment until ten days after it is entered unless the court orders otherwise. Appeals are taken "in the same manner as other civil appeals are taken from district courts" (District Court Rule 10(e)(4), (6)).

Checked against the court's own forms and rules. Courts change forms; check with the clerk before you file. This page is general information, not legal advice.