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Rule 12 - Defenses and Objections; When and How Presented; by Pleading or Motion; Motion for Judgment on The Pleadings (a)When Presented. (1) A defendant shall file his or her answer within 30 days after the service of summons and complaint upon him or her.
A party shall plead in response to an amended pleading within the time remaining for response to the original pleading or within 20 days after service of the amended pleading, whichever period is longer, unless the court otherwise orders. (b)Amendments to Conform to the Evidence.
If you receive a notice of default or intent to sue from the creditor, contact a lawyer immediately. If you have been sued, you have 30 days to file a written answer. You must do this to preserve any rights or defenses you may have. You must file the response with the clerk of the court where the lawsuit was filed.
You have 30 days to respond to a debt collection lawsuit in Arkansas. Use an Answer form to respond to your lawsuit in minutes. Arkansas courts do not charge an Answer filing fee. Your Answer document should focus on responding to the allegations listed in the Complaint and asserting your affirmative defenses.
Rule 12 substitutes the word "file" for serve and requires that the responsive pleading be filed within the time prescribed by this rule as opposed to serving the pleading as is the case under FRCP 12. By using this terminology, it is believed that arguments can be avoided as to when a pleading was served.
The defendant should file a copy of his answer (and any counterclaim) with the clerk of the court and serve copies of these documents upon the plaintiff. Even if the defendant files a written answer, the defendant still must appear at the hearing.
The summons shall be styled in the name of the court and shall be dated and signed by the clerk; be under the seal of the court; contain the names of the parties; be directed to the defendant; state the name and address of the plaintiff's attorney, if any, otherwise the address of the plaintiff; and the time within ...