Sued in Arkansas? You may have only 30 days to answer
Any court (Circuit or District, including small claims): 30 days. You are in jail or prison in Arkansas: 60 days.
Checked against official sources: Oct 24, 2026. · Free letters and forms ↓
Count your answer deadline in Arkansas
Pick your court and the day you were served (got the court papers). We show the last day to answer and what to do next.
Arkansas guides by topic
How to answer in Arkansas
Your deadline by court, the official form, fees and defenses.
Default judgment in Arkansas
What a default means and how to set it aside, with a calculator.
After a judgment in Arkansas
Wage garnishment, bank levies and how to claim an exemption.
Debt buyer lawsuits in Arkansas
What a debt buyer must prove, and old debts as a defense.
Which court hears debt cases in Arkansas
District Court (civil division)
Most credit card, medical and loan cases for $25,000 or less can be filed here. Circuit Court can hear the same cases.
Law: Ark. Sup. Ct. Admin. Order No. 18; Arkansas Judiciary, District Courts page
District Court (small claims division)
Collection agencies, collection agents, assignees of a claim (such as debt buyers) and businesses that lend money at interest may not file in small claims. So most debt-collection suits against you will be in the regular civil division, not small claims.
Law: Ark. Sup. Ct. Admin. Order No. 18; Arkansas Attorney General, Guide to Small Claims Court
Circuit Court
Hears larger debt cases, and any amount if the plaintiff chooses to file there.
How to answer in Arkansas
- How to answer
File a written, signed answer with the court clerk and send (serve) a copy to the plaintiff or its lawyer. The summons gives you the plaintiff's or lawyer's name and address. Say why you disagree, list your defenses (for example, that the time limit to sue has run out), and give your address. Circuit Court cases can be e-filed through the state eFiling system.
- If you can't pay the fees
In Forma Pauperis Affidavit – ask the court to let you proceed without paying fees. https://www.arcourts.gov/sites/default/files/formatted-files/In-Forma-Pauperis-Affidavit-see-Rule-72-2026-1.pdf
Law: Ark. R. Civ. P. 72
- How you must be served
You can be served in person by a sheriff, deputy or other authorized person, or by certified mail with a return receipt (restricted delivery). A copy can also be mailed by first-class mail with an acknowledgment form that you sign and return. Small claims cases are usually served by certified mail, by the sheriff, or by another authorized person.
Law: Ark. R. Civ. P. 4; official Arkansas Form of Summons and Proof of Service (rev. 2019); Arkansas Attorney General, Guide to Small Claims Court
Law: Ark. R. Civ. P. 12(a); Ark. Dist. Ct. R. 6; official Arkansas Supreme Court Form of Summons (rev. 2019)
Defenses to know in Arkansas
- Defenses in Arkansas law
The statute of limitations is an affirmative defense: you must raise it in your answer or you may lose it. The time limit is 5 years for a written contract and 3 years for an unwritten one. Also check that the plaintiff attached the contract and filed in the right county.
Law: Ark. R. Civ. P. 8(c); Ark. Code Ann. §§ 16-56-111, 16-56-105; Ark. R. Civ. P. 10(d); Ark. Code Ann. § 17-24-510
- Debt buyer lawsuits
- A copy of the written document the claim is based on (such as the contract) must be attached to the complaint unless the court finds good cause. Debt buyer lawsuits in Arkansas: the full rules
- Time limit to sue (written contract)
- 5 years · More on old debts at Debt Collector Map
If you missed the deadline in Arkansas
A default judgment means the court decides against you because you didn't answer. You may be able to ask the court to set it aside (cancel it), but time limits are short.
- What happens
If you do not file an answer on time, the court can enter a default judgment against you for what the plaintiff asked for.
- How to set it aside (cancel it)
File a motion to set aside the default judgment under Ark. R. Civ. P. 55(c). The court can grant it for mistake, inadvertence, surprise or excusable neglect, if the judgment is void, for fraud or misconduct by the other side, or for any other reason justifying relief. You must also show you have a valid defense. File as soon as you learn of the judgment.
Law: Ark. R. Civ. P. 55(c); Ark. Dist. Ct. R. 8
Count your deadline to set aside a default
If there is a judgment in Arkansas
A judgment is the court's decision that you owe money. Then the creditor can ask the court to take money from your pay or bank account.
- Interest after the judgment
On a contract debt: the rate in the contract or the Federal Reserve primary credit rate on the day of judgment plus 2%, whichever is greater. It cannot be more than the maximum allowed by Arkansas Constitution Amendment 89.
- How long it lasts
A judgment lasts 10 years from the date it was entered. The creditor can revive it before the 10 years end. A payment, or a writ of execution or garnishment, starts a new 10-year period (Primus Automotive Financial Services v. Wilburn, 2013 Ark. 258).
Law: Ark. Code Ann. § 16-65-114; Ark. Code Ann. § 16-56-114
Garnishment, bank levy and exemptions in Arkansas
Exempt means protected by law: money or property the creditor can't take. Often you must claim it yourself, fast.
- Wage garnishment (taking part of your pay)
The federal limit applies – 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.
Law: 15 U.S.C. § 1673
- Bank levy (freezing and taking money in your bank account)
The creditor asks the clerk for a writ of garnishment and has it served on your bank. It must mail you a copy of the writ and a 'Notice to Defendant' within 5 days. No garnishment can issue until 10 days after the judgment is entered. Arkansas does not set a fixed dollar amount that is automatically protected in a bank account; federal benefits such as Social Security are protected.
- How to claim an exemption
Garnishment: after the writ is served on your employer or bank, file an exemption claim with the court clerk, and send a copy to the creditor by fax and mail within 5 days. If the creditor does not file a written objection within 10 days, the court releases the exempt money without a hearing. Execution (seizure of property): you have 20 days after you get the writ and notice to file a petition claiming your exemptions; the court holds a prompt hearing if the creditor objects.
Law: Ark. Code Ann. § 16-110-402; Ark. Code Ann. § 16-66-104(g)-(h); Ark. R. Civ. P. 62
These garnishment limits are from our sister site, which checks them against official sources: Debt Collector Map: Arkansas
Count your deadline to claim an exemption
Free help in Arkansas
- Arkansas Legal Services Partnership (free civil legal aid) · (888) 540-2941
- Arkansas Law Help (legal aid library and pro bono portal)
- Arkansas Free Legal Answers (free online questions to volunteer lawyers)
- Find free legal help at LawHelp.org
Court self-help
Free letters and forms
Ask the plaintiff's lawyer for the debt documents
The contract, the chain of ownership and an itemization of what they claim.
Exemption claim cover letter
A letter to the court clerk to file with your exemption claim form.
Good to know in Arkansas
- Debt buyers, collection agencies and money lenders cannot use Arkansas small claims court, so a debt suit against you will usually be in the regular civil division of District Court or in Circuit Court (Ark. Sup. Ct. Admin. Order No. 18; Arkansas Attorney General).
- District Court judgments do not become a lien on your land unless a certified copy is filed with the circuit clerk in the county where the land is (Ark. Dist. Ct. R. 8; Ark. Code Ann. § 16-65-117).
Federal rules in every state
- Where a collector must sue. A debt collector that sues you over a consumer debt must file where you signed the contract or where you live when the suit starts. Law: 15 U.S.C. 1692i(a)(2)
- Old debts. A debt collector must not sue you, or threaten to sue you, on a debt that is too old to sue on. Law: 12 CFR 1006.26(b)
- Before a default judgment. Before the court gives the plaintiff a default judgment, the plaintiff must file a sworn statement saying whether you are in military service. Law: 50 U.S.C. 3931(b)(1)
- Your pay. For an ordinary debt, a creditor can take at most 25% of your take-home pay, or the part above 30 times the federal minimum wage if that is less. Many states protect more. Law: 15 U.S.C. 1673(a)
- Federal benefits in the bank. Your bank must protect up to two months of Social Security, SSI, VA and some other federal benefits that were paid into your account by direct deposit. You don't have to ask. Law: 31 CFR 212.5, 212.6
Questions about debt lawsuits in Arkansas
How long do I have to answer a debt lawsuit in Arkansas?
30 days after you are served (60 days if you are in jail or prison in Arkansas). This is the same in Circuit Court and District Court, including small claims.
How do I answer a debt lawsuit in Arkansas?
File a written, signed answer with the court clerk and send (serve) a copy to the plaintiff or its lawyer. The summons gives you the plaintiff's or lawyer's name and address. Say why you disagree, list your defenses (for example, that the time limit to sue has run out), and give your address. Circuit Court cases can be e-filed through the state eFiling system.
What if I can't afford the court fees in Arkansas?
In Forma Pauperis Affidavit – ask the court to let you proceed without paying fees. https://www.arcourts.gov/sites/default/files/formatted-files/In-Forma-Pauperis-Affidavit-see-Rule-72-2026-1.pdf
What happens if I don't answer in Arkansas?
If you do not file an answer on time, the court can enter a default judgment against you for what the plaintiff asked for.
Can I cancel a default judgment in Arkansas?
File a motion to set aside the default judgment under Ark. R. Civ. P. 55(c). The court can grant it for mistake, inadvertence, surprise or excusable neglect, if the judgment is void, for fraud or misconduct by the other side, or for any other reason justifying relief. You must also show you have a valid defense. File as soon as you learn of the judgment.
How much interest does a judgment add in Arkansas?
On a contract debt: the rate in the contract or the Federal Reserve primary credit rate on the day of judgment plus 2%, whichever is greater. It cannot be more than the maximum allowed by Arkansas Constitution Amendment 89.
How long does a judgment last in Arkansas?
A judgment lasts 10 years from the date it was entered. The creditor can revive it before the 10 years end. A payment, or a writ of execution or garnishment, starts a new 10-year period (Primus Automotive Financial Services v. Wilburn, 2013 Ark. 258).
Can my wages be garnished in Arkansas?
The federal limit applies – 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.
Can a creditor take money from my bank account in Arkansas?
The creditor asks the clerk for a writ of garnishment and has it served on your bank. It must mail you a copy of the writ and a 'Notice to Defendant' within 5 days. No garnishment can issue until 10 days after the judgment is entered. Arkansas does not set a fixed dollar amount that is automatically protected in a bank account; federal benefits such as Social Security are protected.
How do I claim an exemption in Arkansas?
Garnishment: after the writ is served on your employer or bank, file an exemption claim with the court clerk, and send a copy to the creditor by fax and mail within 5 days. If the creditor does not file a written objection within 10 days, the court releases the exempt money without a hearing. Execution (seizure of property): you have 20 days after you get the writ and notice to file a petition claiming your exemptions; the court holds a prompt hearing if the creditor objects.
More help on our sister sites
Sources
- Arkansas Judiciary – District Courts (jurisdiction $25,000)
- Arkansas Court Structure chart (small claims up to $5,000)
- Arkansas District Court Benchbook (rev. 2017)
- Arkansas Civil & Criminal Benchbook (updated 2022)
- Arkansas Supreme Court – Form of Summons (revised effective Jan. 1, 2019)
- Arkansas In Forma Pauperis Affidavit (Rule 72, 2026)
- Arkansas Code ch. 17-24 (Arkansas State Board of Collection Agencies statute copy, rev. 2023; § 17-24-510)
- Arkansas Attorney General – Guide to Small Claims Court
Last checked: Oct 24, 2026.
- Venue for debt collection suits, 15 U.S.C. 1692i
- Time-barred debts, 12 CFR 1006.26 (Regulation F)
- Default judgments and servicemembers, 50 U.S.C. 3931
- Restrictions on garnishment, 15 U.S.C. 1673
- Federal benefit payments in bank accounts, 31 CFR part 212
- CFPB: What should I do if I'm sued by a debt collector or creditor?