Every Arkansas district court has a small claims division for disputes of up to $5,000, and it’s built for people who represent themselves: no attorneys on either side, and relaxed rules [1][2]. You file with the district court clerk, serve the other side, and tell your story to a judge [1].
At a glance
What you can sue for
Small claims handles money disputes of up to $5,000 [1][2]. The Attorney General’s office lists the common ones [1]:
- Money owed, and broken contracts.
- Damage to personal property.
- Getting back personal property.
- Security deposits and warranties.
Some cases can’t go to small claims at all: divorce, guardianship, name changes, bankruptcy, and disputes over title to or possession of real estate [1].
Who can file
Anyone 18 or older can file. A minor can sue through a parent, relative or other adult “next friend” [1]. Collection agencies and businesses in the business of lending money with interest can’t use small claims [1].
Mind the deadline to sue
The Attorney General’s office notes a five-year limit for a broken written contract and three years for an oral one [1]. Don’t wait until the end; evidence and witnesses get harder to find.
No lawyers, on purpose
Attorneys can’t take part in small claims cases [1][3]. Cases are tried informally with relaxed rules of evidence [2]. If you’d rather have a lawyer, you can file a regular civil case in district court instead, where claims of up to $25,000 are heard, but there you’re held to the standard of an attorney if you don’t hire one [3].
How to file, step by step
- Try to settle first. The Attorney General’s office suggests trying to resolve it with the other side, including through mediation [1].
- Pick the right court. File in the county where the defendant lives now, or where the defendant was supposed to perform the obligation [1].
- File the complaint. Give the district court clerk a complaint with both sides’ names and addresses, the amount you’re claiming or the property you want back, and why [1]. You’ll need a good address for the defendant [3].
- Pay the fees. Filing fees typically run $30 to $65 [1]. Fees vary by court, so ask your clerk.
- Serve the defendant. Service is by certified mail, by the sheriff or by another authorized person, and you pay for it [1]. If you win, you can ask the court to make the defendant repay your court and service costs [1].
| Item | Cost |
|---|---|
| Small claims filing fee | $65 |
| Each summons issued | $2.50 |
| Service by certified mail, sheriff or process server | Varies |
| Regular civil case filing fee (for comparison) | $80 |
If you’re the one being sued
The defendant files a written answer, usually within 30 days of receiving the complaint, and can file a counterclaim against the plaintiff [1]. Even after filing an answer, the defendant still has to show up at the hearing [1].
The hearing
The plaintiff goes first, then the defendant presents a defense and any counterclaim, and the judge rules on all of it [1].
- Bring everything. Anything you don’t present won’t be considered, so bring your documents, photos and witnesses [1]. The clerk can issue subpoenas for witnesses [1].
- Need a new date? Ask for a continuance in writing before the hearing, and let the other side know [1].
- If the defendant doesn’t come, the court may enter a default judgment, but the plaintiff still has to present evidence [1].
- If the plaintiff doesn’t come, the complaint may be dismissed, and a default judgment may be entered on any counterclaim [1].
Appeals
Either side can appeal within 30 days of the judgment being entered on the district court docket. The appeal goes to circuit court in the same county [1]. It takes another filing fee, and a bond may be required if a money judgment was awarded [1].
Winning is half the job: collecting
The judge decides who wins, but the winner has to collect [1]. The two main tools [1]:
- Writ of garnishment : directed at the other side’s employer (up to 25% of net disposable income) or bank account. You pay the filing costs up front, and the employer or bank has 10 days to answer. Check with the clerk for payment; the clerk won’t call you.
- Writ of execution: the sheriff seizes and sells the other side’s property. It needs a bond and sheriff, storage and advertising costs, so the Attorney General’s office calls it a last resort.
Where to get help
- Your district court clerk can answer questions about procedure [1].
- Arkansas Attorney General, Consumer Protection: (888) 540-2941 [1].
- Legal Aid of Arkansas (arlawhelp.org) has self-help information [1].
Sources
Next steps
BestArkansas has a business relationship with these companies, and we may earn money if you use them. How we make money
Credit repair company
Credit Saint
If an old debt or another item on your credit report looks wrong, Credit Saint can help you challenge it with the credit bureaus.
You can also dispute errors yourself, for free, with Equifax, Experian and TransUnion. No company can legally remove accurate, timely information, and results vary.
Learn about Credit Saint →Free financial app
Bolster
Bolster is a free app for keeping an eye on your credit and building credit history over time.
Check the app's terms for any optional paid features.
See Bolster →Credit monitoring and credit builder
Credit Squad
Credit Squad watches your credit and identity and alerts you to changes. Its credit builder, included with every plan, reports your monthly payment to all three credit bureaus as an on-time installment payment.
Paid monthly subscription; see Credit Squad's site for current plans and terms. Credit building depends on on-time payments, and results vary.
See Credit Squad →Legal help by membership
LegalShield
LegalShield is a membership that gives you access to licensed attorneys for personal legal questions, like a landlord dispute, a small claims case or reviewing a document.
Monthly membership; what's covered depends on the plan and your state. We may earn a commission through our partner BestGuide.
See LegalShield plans →Common questions
What is the limit for small claims court in Arkansas?
$5,000. Small claims cases are heard in the small claims division of each district court. Larger claims go to the regular civil side of district court, which Bentonville's district court describes as claims of $25,000 or less, or to circuit court.
Can I have a lawyer in Arkansas small claims court?
No. Small claims cases in Arkansas are handled without attorneys, under relaxed rules of procedure and evidence. If you want a lawyer, file a regular civil case instead.
How much does it cost to file in Arkansas small claims court?
The Attorney General's office says filing fees typically run $30 to $65. Bentonville's district court, for example, charges $65 plus $2.50 for each summons, and you also pay to serve the other side.
Can a business sue in Arkansas small claims court?
Not every business. Collection agencies and businesses in the business of lending money with interest can't file in small claims.
How long do I have to appeal a small claims judgment in Arkansas?
30 days from the date the judgment is entered on the district court docket. The appeal goes to the circuit court in that county, takes another filing fee, and may require a bond if money was awarded.