Sued by a debt collector in Arkansas

A debt lawsuit in Arkansas usually gives you about 30 days to answer. What a default means, old debts as a defense and what to do.

Short answer

Mark your deadline the day you are served. 30 days after you are served to file a written answer in circuit court (60 days if you are in jail or prison in Arkansas), as stated on the official summons form. If you do not respond in time, the court can enter a default judgment against you for what the creditor asked for. Too old? Arkansas allows 5 years to sue on a written contract, and an older debt can be a defense.

Time to answer
30 days
Time limit to sue (written contract)
5 years
Court self-help
Official page

Your deadline to answer in Arkansas

Time to answer
30 days after you are served to file a written answer in circuit court (60 days if you are in jail or prison in Arkansas), as stated on the official summons form.
Court self-help
Arkansas court self-help (official)

Across our 48 state guides the time to answer runs 14–30 days; Arkansas's 30 is longer than most.

In nearby states

Missing the deadline in Arkansas

If you do not respond in time, the court can enter a default judgment against you for what the creditor asked for. That judgment can lead to garnishment of wages or a bank account.

Arkansas rules for debt lawsuits

  • The state board's FAQ says a collection agency is supposed to stop contacting you if you plainly say you refuse to pay or don't want more contact, though it may still sue you. To be safe, put it in writing: the board's complaint page says to send a letter by certified mail, and federal law requires collectors to stop once they get your written request (15 U.S.C. § 1692c(c)).
  • A debt collector who sues you on a consumer debt must file in the county where you signed the contract or where you live when the suit starts (Ark. Code Ann. § 17-24-510(a)).

If the collector broke the law in Arkansas

You can sue a debt collector that breaks the Act for your actual damages, extra damages of up to $1,000, and court costs and attorney's fees. You must sue within 1 year of the violation (Ark. Code Ann. § 17-24-512).

Old debts as a defense in Arkansas

Arkansas's time limit to sue is 5 years for written contracts and 3 years for open accounts (Ark. Code Ann. § 16-56-111 (written: 5 years); § 16-56-105 (not in writing: 3 years)). Federal rules bar a collector from suing, or threatening to sue, on a time-barred debt (12 CFR 1006.26(b)).

Check Arkansas's statute of limitations

If the collector wins in Arkansas

  • Wage limit: Federal limit applies: a creditor can take no more than 25% of your disposable earnings, or the amount above $217.50 a week (30 times the federal minimum wage), whichever is less (15 U.S.C. § 1673).

Arkansas's garnishment rules

What to do if you are sued in Arkansas

  1. Check that the case is real

    Call or search the court yourself; don't use contact details from the papers.

  2. Note the answer date

    In Arkansas: 30 days after you are served to file a written answer in circuit court (60 days if you are in jail or prison in Arkansas), as stated on the official summons form.

  3. File a written answer

    File it with the court clerk and send a copy to the collector's lawyer. Start with Arkansas court self-help (official).

  4. List your defenses

    Is it yours, is the amount right, did you pay, is it older than Arkansas's 5 years for written contracts?

  5. Don't skip a hearing

    Bring your papers. Meanwhile you can still send a dispute letter to make the collector prove the debt.

Free legal and consumer help in Arkansas

Questions about debt lawsuits in Arkansas

What is the deadline to respond to a collection lawsuit in Arkansas?

30 days after you are served to file a written answer in circuit court (60 days if you are in jail or prison in Arkansas), as stated on the official summons form.

What happens if I don't answer a debt lawsuit in Arkansas?

If you do not respond in time, the court can enter a default judgment against you for what the creditor asked for. That judgment can lead to garnishment of wages or a bank account.

What if the debt is too old to sue on in Arkansas?

Arkansas's time limit to sue is 5 years for written contracts and 3 years for open accounts (Ark. Code Ann. § 16-56-111 (written: 5 years); § 16-56-105 (not in writing: 3 years)). Federal rules bar a collector from suing, or threatening to sue, on a time-barred debt (12 CFR 1006.26(b)).

Related Arkansas pages