Small Claims Court in Benton County

In Benton County, AR small claims cases are filed in the Circuit Court. Benton County has one Circuit Court that handles small claims, serving different jurisdictions.

Squabble is here to assist you in navigating the small claims court system and filing a claim with ease. We recognize that not everyone is a legal expert, and our goal is to simplify the process for you. This guide will answer your questions about filing claims in the Benton Court System.

Small Claims Court

In Benton County Arkansas, each district court features a Small Claims Court division that aims to help individuals resolve specific disputes involving amounts up to $5,000. These courts operate with simpler procedures and allow people to represent themselves without the need for lawyers. The goal of a small claims hearing is to ensure that both parties have the opportunity to utilize the law effectively to settle minor legal issues.

Anyone who is 18 or older can access this court. If a minor wants to file a claim, they can do so with the assistance of a parent, relative, or an adult friend who can help them complete the paperwork and attend the hearing.

It’s important to note that collection agencies, agents, or any other entities engaged in lending money with interest cannot file actions in Small Claims Court.

Cases Handled

Types of Disputes Covered:

• Recovery for damages to personal property
• Claims for money owed
• Delivery of personal property worth $5,000 or less
• Disputes involving contracts, security deposits, and warranties

Time Limits for Filing a Lawsuit:

• Written agreements/contracts: 5 years from the date of breach
• Oral agreements/contracts: 3 years from the date of breach
• Other claims: Time limits may vary depending on the nature of the claim

Exclusions from Small Claims Court:

• Divorce
• Guardianship
• Name changes
• Bankruptcy
• Contests over real estate title or possession

Where to File Suit

• You can file a lawsuit in:
  • The county where the defendant currently resides
  • The county where the defendant was supposed to perform an obligation

How to File Suit

• As the plaintiff, you must:
  • Complete a legal form known as a complaint
  • Pay a filing fee, typically ranging from $30 to $65
  • Most district court clerks provide complaint forms for you to use or copy
• Information Required for the Complaint:
  • Plaintiff and Defendant Information:
    • Names and addresses of both the plaintiff and defendant(s)
    • Ensure the exact legal name and address of the defendant is provided, as the suit cannot proceed until the defendant is notified
• Claim Details:
  • The amount of money being claimed or a description of the property to be recovered
• Reason for Claim:
  • A brief yet complete explanation of why the plaintiff believes the defendant owes the claimed amount or property.

Small Claims Filing Fees

• Fee to file a civil action: $80
• Fee to file a small claim: $65
• Sheriff service: $50
• Process server: Available at the clerk's office
• Certified mail: $11.99

After You File a Lawsuit

• Receiving Service Documents:
  • After filing the complaint, the district court clerk will provide the necessary documents to serve the defendant.
  • Complaints can be served in one of three ways:
    • Certified mail
    • Personal delivery by the sheriff
    • Personal delivery by another authorized person
  • The plaintiff is responsible for the cost of serving the complaint. If the plaintiff wins in court, they can request reimbursement from the defendant for court costs, including filing fees and service costs.
• Defendant’s Response:
  • The defendant must file a written response called an answer to the plaintiff’s complaint, explaining their side of the story.
  • If the defendant believes they have a claim against the plaintiff, they can file a counterclaim, which acts as the defendant’s complaint against the plaintiff.
• Filing Deadlines:
  • The defendant’s answer must be filed by the deadline specified in the served documents, typically 30 days from when the defendant receives the plaintiff’s complaint.
  • In some cases, the defendant may appear in court on the hearing date even without a written response, but filing a written response is highly recommended. The defendant should confirm any specific practices with the court clerk.
• Filing and Serving the Answer:
  • The defendant must file a copy of their answer (and any counterclaim) with the court clerk.
  • The defendant must also serve copies of these documents to the plaintiff.
  • Even if the defendant submits a written answer, they are still required to appear at the hearing.

Prepare for Your Hearing

• Gather Evidence:
  • Collect all relevant materials, including:
    • Evidence (documents, photos, etc.)
    • Witness statements
    • Receipts
    • Estimates
    • Canceled checks
  • Bring everything that you want the judge to consider to the hearing; items not presented will not be taken into account.
• Organize Your Thoughts:
  • Create a timeline of events to clarify what happened and in what order. This will help you present your case clearly to the judge.
• Informing Witnesses:
  • Ensure your witnesses know:
    • The location of the courthouse
    • The time of the hearing
  • If a witness is unwilling to cooperate, you can request a subpoena from the court clerk, which is a legal order requiring them to appear and testify.
• Courtroom Etiquette:
  • Remember that you are in a court of law; maintain courtesy and respect.
  • Dress appropriately for the occasion.
  • Address all statements to the judge.
  • Avoid arguing with the other party or interrupting the judge during the proceedings.

Hearing

• If Both Parties Appear:
  • The judge will:
    • Ask the plaintiff to present their case.
    • Ask the defendant to present their defense, including any evidence and testimony supporting their counterclaim.
  • The judge will then make a ruling on all claims and inform both parties of the court's decision.
• If the Plaintiff Appears but the Defendant Does Not:
  • The court may issue a default judgment against the defendant, indicating that the plaintiff has won the case.
  • The plaintiff must still provide evidence and testimony to support their claim for relief.
• If the Defendant Appears but the Plaintiff Does Not:
  • The court may dismiss the plaintiff’s complaint and may issue a default judgment on any counterclaim filed by the defendant.
  • The defendant must be ready to present evidence and testimony to support their counterclaim.
• Requesting a Continuance:
• Either party can request a continuance, which is a request to postpone the hearing to a later date.
• Such requests must be made in writing and submitted prior to the hearing.
• If a continuance is requested, the requesting party should notify the other party about the request.

Collect the Money

• Right to Costs:
  • The winning party (prevailing party) is entitled to recover costs associated with the lawsuit, including:
    • Costs of service and notice to the losing party
    • Costs of enforcing the judgment
  • It is the responsibility of the prevailing party to ensure the losing party pays the amount ordered by the judge.
• Methods of Collection:
  • If you have trouble collecting the awarded amount, you can pursue two main actions:
    • Writ of Garnishment
    • Writ of Execution

Writ of Garnishment:

• Wage Garnishment:
  • Orders an employer to withhold a certain amount from the defendant’s paycheck.
  • The maximum that can be withheld is 25% of net disposable income.
  • A defendant's low income may limit the amount that can be garnished.
• Bank Account Garnishment:
  • Can also target a third party (typically a bank) holding money for the defendant.
  • Contact the district court clerk for the garnishment form and instructions.
• Required Information:
  • The defendant’s place of employment.
  • The name and address of the defendant’s bank (if garnishing their account).
  • Payment for processing and filing fees; these costs can be added to the amount owed by the defendant.
• Process:
  • After filing, the employer or bank has 10 days to respond to the garnishment.
  • If they fail to respond, a judgment may be entered against them for the full amount specified in the original judgment.
  • The plaintiff will receive a notice regarding when to collect the money from the court, which requires signing a statement to confirm receipt.
• Writ of Execution:
  • Overview:
    • Directs the sheriff to seize the defendant’s property (e.g., electronics, vehicles) and sell it at public auction to satisfy the judgment.
    • This method is complex and should be used only if other collection means fail.
  • Process to File:
    • Visit the district court clerk where the lawsuit was filed and express your intention to file a writ of execution.
    • Complete the form provided and take it to the sheriff’s process office, along with the required service fee.
    • Maintain communication with the sheriff’s office for updates on the writ.
  • Bond Requirement:
    • You must post a bond with the court to protect against claims if the executed property belongs to someone else.
  • Sheriff’s Custody:
    • If the process is successful, the sheriff will take custody of the property.
    • You are responsible for storage fees, advertising costs, and towing charges (if applicable), but can be reimbursed for these expenses from the proceeds of the sale.

Appeal

• Right to Appeal:
  • If you lose at the hearing, you have the option to appeal the judge’s decision.
• Filing Timeline:
  • The appeal must be filed within 30 days from the date the Small Claims Court judgment is entered on the district court docket.
• Filing Fees:
  • You will be required to pay an additional filing fee when you submit your appeal.
• Bond Requirement:
  • If the Small Claims Court awards a specific amount for damages, you may need to post a bond for that amount in order to proceed with the appeal.
• Where to File:
  • All appeals are filed in the circuit court of the county where the Small Claims Court is located.

Small Claims Court Checklist

For the Plaintiff:

• Understand Procedures:
  • Familiarize yourself with Small Claims Court procedures.
  • Attempt to resolve the issue with the other party through mediation or alternative dispute resolution.
• Determine Amount:
  • Identify the exact amount in dispute or describe the property you want to recover.
• Identify the Proper Court:
  • The appropriate venue is typically where the defendant lives, works, or where the incident occurred.
• Prepare and File Complaint:
  • Complete your complaint form with a clear and concise description of the facts.
  • Pay the filing fee (usually between $30 and $65) to the clerk at the time of filing.
• Arrange Service of Process:
  • Coordinate the delivery of your complaint to each defendant.
  • The clerk will provide necessary documents. You can arrange service by:
    • The sheriff
    • An authorized person
    • Certified mail (if applicable)
  • You bear the cost of service. Ensure proof of service is filed with the court.
• Prepare for Court:
  • Organize your thoughts, gather evidence, and talk to witnesses.
  • If possible, attend a hearing in the same location to observe the process.
• Keep Communication Open:
  • Make attempts to resolve the dispute with the other party before the hearing.

For the Defendant:

• Understand Procedures:
  • Familiarize yourself with Small Claims Court procedures.
• Contact the Plaintiff:
  • Try to resolve the dispute with the plaintiff directly.
• Consider a Counterclaim:
  • If you have a claim against the plaintiff, consider filing a counterclaim to resolve all issues in one go. Ask the clerk how to file a counterclaim.
• Prepare for Court:
  • Organize your thoughts, collect evidence, and talk to witnesses.
  • If possible, attend a hearing in the same location to observe the process.
• Attend the Hearing:
  • Present your evidence and bring all necessary documents and witnesses with you.

Courthouse Location:

Benton County Circuit Courthouse

102 NE A St.
Bentonville, AR 72712
(479) 271-5710
(479) 271-1015
https://bentoncountyar.gov/circuit-clerk/courts/

BUILDING HOURS - Monday - Friday 8:00 a.m. to 4:30 p.m., except court holidays.

Let Squabble Help You With Your Small Claim at Benton County

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