Arkansas Small Claims Forms

Arkansas Small Claims Court FAQ

Who hears the claims in small claims court?

In small claims court, the trial is an informal hearing before a judge. There is no jury and the plaintiff presents his or her evidence and witnesses. The defendant is also responsible for presenting his or her witnesses. After hearing both sides of the dispute, the judge will render a verdict based on the law and the facts presented.

Who may file a claim in small claims court?  An individual, partnership or corporation (or LLC) may file a claim against another individual(s), partnership or corporation (LLC) in small claims court, if jurisdiction exists to hear the claim, if the amount of the claim does not exceed the statutory limits.

What must I do before I file a claim?  Before you file a claim, get the facts straight so you can complete the forms correctly and answer any questions court personnel may need to know. Be sure to obtain the correct legal name of the defendant, correct address and place/address of employment. If the defendant is a corporation or LLC you would use the legal corporate or LLC name as the defendant. 

How do I file a claim?  The plaintiff or the plaintiff's attorney should go to the small claims division of the district court in the particular county where the person or business to be sued has an office or is domiciled and file a Statement of  Claim Form. The plaintiff is responsible for furnishing the court with the correct and complete address of the defendant. The clerk will assign the plaintiff a case number and this number must be used whenever contacting the court concerning the particular case. A filing fee is required at the time the claim is filed. If the plaintiff cannot afford to prepay the fee at the time of the filing, he or she can submit an Affidavit of Substantial Hardship and request that the judge delay the payment. 

Who serves the defendant with summons or process and how is the defendant served?  The clerk of the court will issue a summons ordering the defendant to appear in court. The summons and the complaint must be served on the defendant. The summons and the complaint may be served by certified or registered mail. If the court provides this service, there may be an additional fee. If the defendant cannot be served using these methods, the precinct constable or any registered private process server will serve the summons and complaint for a fee. 

How are hearings scheduled? The clerk of the court will provide you with the procedure to set the case for trial or hearing at the time you file your claim. 

May I subpoena witnesses? If witnesses are required, but unwilling to attend the hearing unless they are subpoenaed, you may obtain a subpoena issued by the court clerk for service on the witness. The subpoena is an order for the witness to appear at the hearing to testify. Some employer may require that an employee be subpoenaed in order to be excused from work. 

What are the trial procedures? The trial procedure is generally more informal than other courts. The case will usually be called in open court and you will respond that you are present and ready to proceed. You will then be advised when to present your claim. Be prepared to present your claim in your own words. Be prepared to question witnesses if witnesses are needed. 

What happens if the defendant does not appear at trial?  If the defendant does not appear at trial, a default judgment will be entered in the plaintiff's favor for the amount of the claim or other relief. After judgment is obtained and the appeal time has expired, the plaintiff may seek to collect the judgment by acceptable means of collection. 

What are the common forms used in small claims court?  Common forms used in small claims court are:

  • Claim Statement/Complaint
  • Summons
  • Return of Summons
  • Answer
  • Subpoena
  • Abstract of Judgment

Top Questions about Arkansas Small Claims Forms

  • Can I take someone to small claims court for $100?

    Yes, you can take someone to small claims court for $100, as long as your claim falls within the limits set by Arkansas law. To file your case, you will need to prepare the appropriate Arkansas Small Claims Forms, which you can easily obtain through various resources online. These forms guide you through the process, ensuring you include all necessary information for your claim. Remember, even for smaller claims, presenting your case clearly and correctly increases your chances of success.

  • How do I file a small claims case against someone out of state?

    To file a small claims case against someone who resides out of state, you need to start by determining the jurisdiction. Generally, you can file in the state where the defendant lives or where the transaction took place. Use Arkansas Small Claims Forms to help guide you through filling out the required documentation. Make sure to include all relevant details, and consider consulting legal advice if you're unsure about specific requirements.

  • Who pays lawyer fees in small claims court?

    In small claims court, each party generally pays their own legal fees. This means that if you hire a lawyer, you are responsible for those expenses, which can sometimes negate the financial benefits of pursuing a claim. However, using Arkansas small claims forms can guide you through the process without needing legal representation, potentially reducing your costs.

  • Should you tell someone you're taking them to small claims court?

    Communicating with the other party about your intention to file in small claims court can often be beneficial. It may encourage them to settle the matter amicably outside of court, saving both parties time and resources. Additionally, being transparent about using Arkansas small claims forms prepares them for the potential legal proceedings and reflects your seriousness in seeking resolution.

  • Is it worth going to small claims court for $500?

    Deciding whether to go to small claims court for $500 depends on your specific situation. If you believe you have a strong case and can prove your claim, pursuing it may be worthwhile. In Arkansas, filing small claims forms is straightforward, and the process can provide you with a resolution that is often quicker than other legal avenues.

  • What percentage of people win in small claims court?

    Winning in small claims court often depends on the strength of your evidence and the clarity of your claim. Many reports indicate that individuals have a fair chance of success when presenting well-documented cases. By preparing thoroughly with Arkansas Small Claims Forms, you can increase your likelihood of winning. Remember, presenting your case clearly and confidently is key to achieving a favorable outcome.

  • Is small claims court even worth it?

    Small claims court can provide an effective and quick resolution for disputes without overwhelming costs. It offers a straightforward process, reducing the complexity often associated with larger courts. With the right paperwork, such as Arkansas Small Claims Forms, you can present your case concisely. Many individuals find small claims court to be a practical option for resolving everyday legal conflicts.

  • What is the lowest amount for small claims court?

    In Arkansas, the lowest amount for small claims court typically starts at $100. However, the maximum limit for a claim can reach up to $5,000. When considering whether to file, ensure your claim aligns with these amounts. Using Arkansas Small Claims Forms allows you to clearly state your claim and helps you navigate the legal requirements efficiently.

  • Is suing someone worth it?

    Suing someone can be worth it if you have a valid claim and seek a resolution. Small claims court offers a simpler and more affordable platform for disputes without the need for costly legal representation. By using Arkansas Small Claims Forms, you can streamline the process of filing your suit. Assess your situation and weigh the potential outcomes before proceeding.