Arkansas Complaint and Summons for Balance Due on Credit Card Account

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US-03350BG
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Description

Filing a Complaint or Petition

Any complaint or petition for relief in a court must be filed within the statutory time limit (Statute of Limitations). These statutes vary from state to state. These statutes also vary depending on what your cause of action is. For example, in many states, the statute of limitations regarding a cause of action for breach of contract is three years, while the cause of action for an intentional tort, like slander, is one year.


A complaint is a general statement of the plaintiffs claim. The complaint must describe the actions that led to the claim of a violation (i.e., violation of rights). The claim can be for money damages. It could also be a claim for equitable remedies like specific performance (e.g., court forcing a party to abide by a contract) or an injunction (e.g., stopping a person from doing something). The complaint must establish jurisdiction of the court in which it is filed. For example, if the complain is filed in federal court, it must show diversity of citizenship or that a federal statutory or constitutional question is involved.


Service of Process

This generally involves attaching a copy of the complaint to a summons which is served on the defendant. The summons explains to the defendant what is going on and certain rights that that the defendant has. The summons explains:

o That the defendant is being sued;

o The name of the Court in which he is being sued;

o When he must file an answer; and

o The fact that a default judgment will be entered if no answer is filed.
The summons (or process) is delivered by an office of the court. In many state courts, this can be a deputy sheriff or a professional process server. Deputy Marshals or process servers are used in federal court. Constables are used in justice court of some states. In exceptional circumstances, when the defendant can not be found, service may be made by publication in a newspaper.


The summons must normally be served on the individual defendant. Some states allow service on a member of defendants household if the defendant is not available. A plaintiff must serve a corporate defendant by serving the registered agent or an appropriate officer of the corporation.

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FAQ

If you know their address, you can notify them in person or by mail (see Service by Mail). Personal service must be made by: A sheriff or deputy of the county where service is to be made. Any person appointed by the court to serve a summons.

Creditors have a certain time frame, typically six months from the date of appointment of the executor or administrator, to file their claims for payment. If the estate has enough assets, the debts are paid. If not, creditors are generally paid on a pro-rata basis.

The statute of limitations in Arkansas is five years from the date of default for written contracts. However, a written acceptance of default or partial payment will restart the statute of limitations period.

If you can't pay credit card debt after several months, you may find your credit card canceled due to nonpayment, and the creditor may send your account to a collection agency. You may face additional fees and receive repeated phone calls and other attempts at contact by the collections agency.

In most cases, the statute of limitations for a debt will have passed after 10 years. This means a debt collector may still attempt to pursue it (and you technically do still owe it), but they can't typically take legal action against you.

Summary: The statute of limitations on debt in Arkansas is five years for most types of debt, but it is two years for medical debt and three years for debt resulting from an oral contract.

The Fair Debt Collection Practices Act governs when, where and how consumers may be contacted. It prohibits collection agencies from harassing or abusing consumers.

In other words, you have 30 days to respond to a Summons for debt collection in Arkansas. That's right, you only have 30 days to respond once you have received the Summons and Complaint documents. If you don't respond within that time, you will automatically lose your case by default judgment.

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Arkansas Complaint and Summons for Balance Due on Credit Card Account