Debt collectors in Arkansas

Credit cards: Ark. Code 16-56-111(a) gives 5 years to actions 'to enforce written obligations, duties, or rights'. 16-56-105 gives 3 years to contracts not in writing and to contracts or liabilities 'expressed or implied', which covers open accounts. No Arkansas appellate decision classifying credit-card debt was confirmed in this research. A card claim proved by a written cardholder agreement likely gets 5 years; a claim pleaded or proved only as an open account or implied contract could get the shorter 3 years. Using the longer period as the conservative choice.

Payments and acknowledgments: For written obligations, a partial payment or a written acknowledgment of default tolls the 5-year period (Ark. Code 16-56-111(b)). For simple contracts, a verbal promise or acknowledgment is insufficient (16-56-122). The effect of a part payment on a 3-year claim and of payments made after expiry (revival) was not confirmed from Arkansas case law. No consumer-debt revival bar was found.

Judgments: An action on a judgment must be brought within 10 years (Ark. Code 16-56-114). A judgment can be revived by scire facias, issued within 10 years of rendition or of the last revivor order, before the lien expires. Revival continues the judgment and its lien for another 10 years, 'from time to time as often as may be necessary' (16-65-501). The lien on land attaches under 16-65-117; reviving it in other counties requires recording a notice (16-65-501(g)).

Other rules: The official Arkansas Code is hosted on LexisNexis and could not be fetched, so the text was read on PocketLaw (unofficial). Arkansas changed the UCC note period to 5 years (4-3-118), matching 16-56-111. Mutual open accounts accrue from the last item proved (16-56-127). The Arkansas Fair Debt Collection Practices Act (17-24-501 to -512) has no time-barred-debt or revival provision. The credit-card classification is unresolved; an Arkansas appellate case search could not be run (search budget exhausted).

• open account: Ark. Code 16-56-111 (5 yrs, written obligations); 16-56-105(1), (3) (3 yrs, unwritten or implied contracts and open accounts); 16-56-127 (accrual of mutual open account)
• written contract: Ark. Code 16-56-111(a)
• oral contract: Ark. Code 16-56-105(1)
• promissory note: Ark. Code 4-3-118(a) (Arkansas modified UCC: 5 years)
• judgment: Ark. Code 16-56-114; 16-65-501; 16-65-117
• payment restarts: Ark. Code 16-56-111(b); 16-56-122
• other: Uniform Conflict of Laws-Limitations Act, Ark. Code 16-56-201 et seq.

Sources: getpocketlaw.com · getpocketlaw.com · getpocketlaw.com