Small Claims Court in Pulaski County

In Pulaski County, AR small claims cases are filed in the Circuit Court. Pulaski County has one District 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 Pulaski Court System.

Small Claims Court

In Pulaski County, Arkansas, Small Claims Court is a special part of the district court designed to help people settle disputes involving amounts up to $5,000. These courts keep things simple, so you don’t need a lawyer - you can handle the process yourself. The goal is to make it easier for everyone to use the law to resolve minor legal issues fairly.

If you’re 18 or older, you can file a claim in Small Claims Court. Minors can also file, but they’ll need help from a parent, relative, or another trusted adult to complete the paperwork and go to the hearing with them. However, there are limits on who can use this court. Collection agencies, agents, or businesses that lend money with interest aren’t allowed to file claims in Small Claims Court.

Cases Handled

Types of Disputes Small Claims Court Handles:

• Property Damage: If someone damaged your belongings and you’re seeking compensation.
• Unpaid Debts: Cases where someone owes you money.
• Personal Property Claims: Disputes over returning items worth $5,000 or less.
• Contracts and Agreements: Issues involving broken contracts, security deposit disputes, or problems with warranties.

Deadlines for Filing a Case (Time Limits):

• Written Contracts: File within 5 years from when the contract was broken.
• Oral Agreements: File within 3 years of the breach.
• Other Claims: The time limit varies based on the type of issue, so check the specific rules for your case.

What Small Claims Court Doesn’t Cover:

• Divorce and Family Law Issues: Small Claims Court won’t handle matters like divorce or guardianship.
• Name Changes: You’ll need to file these requests in a different court.
• Bankruptcy: Cases involving bankruptcy filings are excluded.
• Real Estate Disputes: Contests over property ownership or possession are not allowed.

Where to File Suit

You must file your lawsuit in the appropriate county, which is typically:

1. Where the Defendant Lives: The county where the person or business you’re suing currently resides.
2. Where the Obligation Was to Be Performed: The county where the defendant was supposed to fulfill a contractual or other obligation.

Choosing the right location ensures your case will be heard in the correct jurisdiction.

How to File Suit

Steps for Filing a Lawsuit as the Plaintiff

1. Complete the Complaint Form:
   • You’ll need to fill out a legal form called a complaint.
   • Complaint forms are often available from the district court clerk's office. You can either use or copy them.
2. Pay the Filing Fee:
   • The fee usually ranges from $30 to $65, depending on the court.
3. Provide the Necessary Information on the Complaint:
   • Your Information: Include your name and address (as the plaintiff).
   • Defendant’s Information: Accurately list the name and address of the person or business you are suing. Double-check this information, as the case cannot move forward until the defendant is properly notified.
4. Detail Your Claim:
   • Claim Amount or Property Description: Clearly state the amount of money you’re seeking or describe the property you want to recover.
   • Reason for the Claim: Provide a concise but complete explanation of why you believe the defendant owes you the money or property.

Properly completing the form and providing accurate details will ensure your case proceeds smoothly.

Small Claims Filing Fees

• Filing Fees:
  • Civil Action: $80
  • Small Claim: $65
• Serving the Defendant:
  • Sheriff Service: $50
  • Process Server: Contact information is available at the clerk's office.
• Certified Mail (Optional): $11.99

These costs are essential to budget for when starting your case, as serving the defendant is a critical step in ensuring the court hears your claim.

After You File a Lawsuit

Service Information in Pulaski County District Court

Service fees depend on how you choose to serve the defendant(s) or garnishee(s). These fees are separate from the Court’s filing fees.

1. Sheriff’s Office
   • Fee: $50.00
   • Payment Method: Money Order (only)
   • Service Area: Pulaski County, Arkansas only
   • Additional Fee: $30.00 for Notice of Replevin
2. Private Process Server
   • Fee: $50.00 for in-county service (out-of-county fees may vary)
   • Payment Method: Check or Money Order (only)
3. Certified Mail
   • Fee: $15.98 for postage
   • Payment Methods: Check, Money Order, Debit/Credit Card, or Exact Cash
   • Note: Payment must be made before service is mailed.

Defendant’s Response

1. Filing an Answer:
   • The defendant must submit a written response, called an answer, explaining their side of the dispute.
   • If the defendant has a claim against you, they can file a counterclaim, which serves as their complaint against you.
2. Deadlines:
   • The answer must be filed by the date specified in the service documents, typically 30 days after receiving the complaint.
   • In some cases, the defendant may attend the hearing without filing a written response, but filing an answer is strongly recommended.
3. Filing and Serving the Answer:
   • The defendant must file the answer (and any counterclaim) with the court clerk.
   • They must also serve copies to the plaintiff.

Important Notes for Both Parties

• Hearing Attendance: Even if the defendant files an answer, they are still required to appear at the hearing.
• Confirm Procedures: Defendants should check with the court clerk to ensure they follow any specific practices.

By following these steps, both the plaintiff and defendant can ensure their case proceeds correctly.

Preparing for Your Court Hearing

• Gathering Evidence:
  • Collect all materials that support your case, including:
    • Documents, photos, or any written evidence.
    • Witness statements.
    • Receipts, estimates, and canceled checks.
  • Bring everything you want the judge to consider; if it’s not presented, it won’t count.
• Organizing Your Thoughts:
  • Create a timeline of events to clearly explain what happened and in what order. This will make your case easier for the judge to follow.
• Managing Witnesses:
  • Inform your witnesses of the court location and the time of the hearing.
  • If a witness refuses to appear, request a subpoena from the court clerk. This is a legal order requiring them to show up and testify.
• Courtroom Etiquette:
  • Be respectful: The court is a formal setting, so remain courteous and professional at all times.
  • Dress appropriately: Aim for neat and professional attire.
  • Speak to the judge: Direct all your statements to the judge rather than the other party.
  • Avoid interruptions: Don’t argue with the other party or interrupt the judge during the hearing.

Being well-prepared and professional increases your chances of presenting a strong and persuasive case.

During the Hearing

If Both Parties Appear:

• The judge will:
  • Ask the plaintiff to present their case, including evidence and witness testimony.
  • Ask the defendant to present their defense and any counterclaim with supporting evidence.
• After hearing both sides, the judge will make a decision and inform the parties of the ruling.

If the Plaintiff Appears but the Defendant Does Not:

• The court may issue a default judgment in favor of the plaintiff.
• However, the plaintiff still needs to present evidence and testimony to support their claim before the judgment is finalized.

If the Defendant Appears but the Plaintiff Does Not:

• The court may dismiss the plaintiff’s complaint.
• If the defendant has filed a counterclaim, the court may issue a default judgment in their favor.
• The defendant must present evidence and testimony to support their counterclaim.

Requesting a Continuance

• Either party can ask to postpone the hearing by requesting a continuance:
  • The request must be in writing and submitted before the hearing date.
  • The requesting party should notify the other party about the request.

Collecting Your Money

Right to Costs

As the winner, you can recover costs, including service fees and enforcement expenses. It's your responsibility to ensure the defendant pays the court-ordered amount.

Methods of Collection

1. Writ of Garnishment
   • Wage Garnishment: Directs the defendant's employer to withhold up to 25% of their paycheck.
   • Bank Garnishment: Targets the defendant's bank account.
   • What You Need: Employer or bank details and filing fees.
   • Process: After filing, the employer or bank has 10 days to respond. If they don’t, the judgment is enforced.
2. Writ of Execution
   • Involves the sheriff seizing and selling the defendant’s property (e.g., vehicles, electronics).
   • How to File: Complete a writ of execution form at the court, then submit to the sheriff’s office with fees.
   • Bond Requirement: A bond may be required to protect against property claims.
   • Sheriff’s Custody: If successful, you pay for storage, advertising, and towing fees, which can be reimbursed from the sale.

Appeal

Right to Appeal

If you lose your case, you can appeal the judge’s decision.

1. Filing Timeline
   • Appeals must be filed within 30 days from when the Small Claims Court judgment is entered.
2. Filing Fees
   • You’ll need to pay an additional filing fee when submitting your appeal.
3. Bond Requirement
   • If damages were awarded in your case, you may need to post a bond for that amount to proceed with the appeal.
4. Where to File
   • Appeals are filed in the circuit court of the county where the Small Claims Court is located.

Small Claims Court Checklist

For the Plaintiff:

1. Understand Procedures:
   • Familiarize yourself with Small Claims Court procedures.
   • Try to resolve the dispute through mediation or alternative dispute resolution first.
2. Determine Amount:
   • Clearly identify the amount in dispute or describe the property you want to recover.
3. Identify the Proper Court:
   • File in the court where the defendant lives, works, or where the incident occurred.
4. Prepare and File Complaint:
   • Complete your complaint form with a clear description of the facts.
   • Pay the filing fee (usually $30 to $65) at the time of filing.
5. Arrange Service of Process:
   • Coordinate delivery of the complaint to the defendant.
   • Options: sheriff, authorized person, or certified mail (if allowed).
   • You are responsible for the cost of service. Ensure proof is filed with the court.
6. Prepare for Court:
   • Organize your evidence, witness statements, and thoughts.
   • Observe a hearing if possible to get familiar with the process.
7. Keep Communication Open:
   • Try to resolve the dispute with the defendant before the hearing.

For the Defendant:

1. Understand Procedures:
   • Familiarize yourself with Small Claims Court procedures.
2. Contact the Plaintiff:
   • Attempt to resolve the dispute directly with the plaintiff.
3. Consider a Counterclaim:
   • If you have a claim against the plaintiff, file a counterclaim to address both issues. Ask the clerk how to do this.
4. Prepare for Court:
   • Gather evidence, organize your thoughts, and talk to witnesses.
   • Attend a hearing in the same location if possible to observe the process.
5. Attend the Hearing:3001 W. Roosevelt Rd Little Rock, Arkansas 72204
   • Present your evidence and bring all necessary documents and witnesses with you.

Courthouse Location:

Pulaski County District Court

3001 W. Roosevelt Rd Little Rock
Arkansas 72204
501-340-6824
https://pulaskicountydc.com/civil-small-claims/

BUILDING HOURS

• Monday - Friday 7:30 a.m. to 4:30 p.m., except court holidays.

CITIES SERVES

• Cammack Village
• Jacksonville
• Little Rock (county seat)
• Maumelle
• North Little Rock
• Sherwood
• Wrightsville

Let Squabble Help You With Your Small Claim at Pulaski County

Don't allow the intricacies of the legal system to discourage you from pursuing justice and compensation for your claim. With Squabble, you have a dedicated partner to streamline the process and guide you toward resolution. Whether you're contemplating filing a claim at Pulaski County small claims court, Squabble is here to support you at every stage. Reach out to us today to commence your journey toward justice and compensation. Get started today and become one of the 95% of our customers who won or settled their case.