Legal Question in Credit and Debt Law in Arkansas

Statute of Limitations

I received a summons today for a debt that shows last activity 8/99. I believe the SOL says 3 years. I have moved to Colorado since and have not heard anything from them in years.

My question is How do I answer the summons? It is going to be a little difficult for me since I no longer live in Arkansas.

Everything will be sent certified mail, but I'm worried about the time limit (30 days). Should I hire an attorney in AR?


Asked on 5/10/04, 11:15 pm

3 Answers from Attorneys
Richard Orintas Orintas Law Firm

Re: Statute of Limitations

Since they went to the trouble of suing you, you should presume that they are correct and you should hire a lawyer to defend the lawsuit...

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Answered on 5/11/04, 3:54 am
Herb Southern The Southern Law Firm

Re: Statute of Limitations

SOL is an affirmative defense. That means that it is one that says "Yes, I did it, but you can't win because _____". The thing is that if it is not raised as a defense in your first pleading with the Court which should be a Motion to Dismiss, it is waived and you can be ordered to pay the debt.

Bottom line .. hire an Attorney!

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Answered on 5/11/04, 8:38 am
Harvey Harris Harris Law Firm

Re: Statute of Limitations

There may be some earlier filings you are not aware of that have preceeded the statute of limitations, or there may be some reason the SOL does not apply.

Where in AR is the summons from? What court, what city?

You should talk to a lawyer to look at your options in this matter. Is this a large amount? If it is not outside the SOL, is it worth fighting? If it is a relatively small amount, your legal fees may exceed what you owe, so that is something to consider. But you should consult with a lawyer to see what all your options are.

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Answered on 5/11/04, 10:15 am


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