Arkansas Small Claims

Small claims court is a simplified forum for resolving low-dollar civil disputes without hiring a lawyer. In Arkansas, the Small Claims Divisions under the District Court handle all small claims cases. It is designed to be informal, fast, and inexpensive. Consumers, tenants, landlords, and small businesses must know the Arkansas rules so they may enforce their rights, recover their money, and settle all conflicts efficiently.

What Is a Small Claims Court in Arkansas?

Every District Court in Arkansas has a Small Claims Court. These courts handle matters that include unpaid debts, contract/service disputes, damage to personal property, and return of personal property.

The process is easy and allows parties to explain their case directly to the judge, present receipts, photos, contracts, or witness statements, and obtain a binding decision. Attorneys are not allowed in small claims. If a case involves a lawyer, it is transferred to the Civil Division of the District Court. Collection agencies, associations, or corporations engaged in the business of lending money with interest cannot file for small claims.

Small Claims Court Limits in Arkansas

Individuals may only file for monetary damage of less than $5,000 (exclusive of court costs and interest). Any claims above this threshold must be filed as civil actions in the District or Circuit Court. Certain cases that include evictions, divorce, name changes, bankruptcy, or matters that involve title to real property cannot be filed in Small Claims Court.

How to File a Small Claims Case in Arkansas

In Arkansas, it is easy for people to file small claims cases in the courts. A brief overview is listed below:

• Confirm eligibility. Individuals must ensure their dispute fits the jurisdiction of the Small Claims Court (damages less than $5,000; proper subject matter).
• Determine the proper court. They must file in the District Court for the county where the defendant resides or where the transaction/incident took place. The Arkansas Judiciary directory lists all district courts and contact information.
• Gather all relevant documents. They must obtain all necessary information about the defendant's full legal name and current address. If an individual is suing a business, they should verify its legal name and gather all relevant documents, such as contracts, receipts, or photographs.
• Complete the claim. Individuals must obtain the small claims complaint/claim form from their local District Court clerk or the court’s website. They must attach all required evidence to the claims form.
• Pay filing fees. They must pay the filing fees, which range from $30 to $65. Additional fees may be added, like the cost of complaints and the cost of issuing a subpoena. This fee varies by county, and fee waivers may be available for plaintiffs.
• Serve the defendant. The plaintiff must serve the defendant a copy of the complaint through service options such as certified mail, delivery by sheriff, or private process server.
• Prepare for the hearing. On the hearing date, both parties should proceed to the court to present their case.

Small Claims Court in Major Arkansas Cities

Below are examples of small claims courts in larger cities in the State of Arkansas:

• Little Rock: Individuals may file for small claims cases at the Pulaski County District Court. The court posts small-claims guidance and filing fees on its website. The court address is located at 3001 W. Roosevelt Rd, Little Rock, AR 72204.
• Fayetteville: Small claims cases are prosecuted at the Fayetteville District Court in Washington County, located at 176 S. Church Ave., Suite 1, Fayetteville, AR 72701. The court provides information for small claims to the public on its website.
• Fort Smith: Sebastian County District Court is located at Sebastian County Courts Complex, 901 S. B St., Fort Smith, AR. This court handles small claims cases in Fort Smith.
• Hot Springs: The Garland County District Court publishes a Small Claims Information Manual for the public to view detailed service options and requirements for small claims cases in Hot Springs.

What to Expect at a Small Claims Hearing in Arkansas

After filing and service, the clerk sets a hearing, often about six weeks out, depending on the court. At the hearing, a District Judge hears both sides and may issue judgment immediately or shortly thereafter. The plaintiff (the individual who files the complaint) must present all evidence and witnesses to support their case before the court.

After the hearing, the judge will decide the case after reviewing all the evidence and testimonies. If either party is not satisfied with the judge's hearing, they may appeal the judge’s decision. They must appeal the case to a Circuit Court within 30 days from the date of judgment at the District Court.

How to Search for Small Claims Records in Arkansas

Small claims case records are examples of public records unless sealed by court order. Sensitive identifiers (such as social security numbers and account numbers) are redacted in the records.

Also, sealed cases and juvenile/confidential materials are not accessible to the public. Record seekers may find case numbers, party names, filing dates, claims, docket entries, and judgments. They may access these records via:

• Court records Search ARCourts (CourtConnect) – The Arkansas Judiciary provides a Case Search Portal that enables individuals to search for court records. On the case search, also known as ARCourts, individuals may search the portal by party name, case number, or location of the court.
• Local District Court Clerk – Individuals may visit or contact the clerk in the court of filing to view the file or order certified copies. They may find information for each county by visiting the Arkansas District Court directories.
• Third-party aggregators – Third-party websites, such as CourtCaseFinder, may surface docket summaries across jurisdictions. However, individuals should always verify their records against the official court record.