What are Arkansas Small Claims Cases and Class Action Lawsuits?

Arkansas small claims cases are civil suits resolved in court under modified rules of procedure for persons seeking compensation of up to $5000. The Small Claims Division of the District Courts typically oversees these proceedings. They are characterized by the absence of attorney representation and simplified legal processes. Arkansas laws guide and interpret the resolution of such cases.

A Class Action Lawsuit in Arkansas is a legal provision that allows the corporate prosecution of identical cases by representing attorneys. All cases in a class action stem from a common injury caused by the same defendant. The District Courts Civil Division handles class action suits in the state.

What is a Class Action Lawsuit in Arkansas?

Rule 23, Arkansas Rules of Civil Procedure, defines class actions are joint lawsuits created by multiple compensatory claims against the same offending entity. It is also known as mass litigation. When there is a mass litigation, one or more members of the class represent the entire plaintiff group by suing the offending entity. To be certified by the court, a class action should satisfy the following  criteria: 

• There are so many similar cases that the court cannot adjudicate them individually without errors or discrepancies in judgment
• These cases have the same questions of the law or facts in common
• The claims of the defending class representatives should be typical of the class claim as a whole
• The class representatives commit to representing the interests of the class.

How do I File a Claim in an Arkansas Small Claims Court?

To file at a small claims court in Arkansas, petitioners may follow these steps:

• Determine the appropriate court to file the case. Filing in the wrong location can result in dismissal. Generally, the proper courthouse is located where the defendant resides, where the obligation was to be carried out, or where the injury occurred. If the defendant is a business, consult the Secretary of State’s directory for the company's registered address to ensure accuracy
• Be sure the statute of limitations deadline is still valid. According to state laws, it is three years for personal injury, personal property matters, and oral contracts, while it is five years for written contracts. If the injured person is a minor, the statute of limitations becomes active when they attain the age of adulthood.
• Complete the complaint form. Get this either at the court clerk’s office or online at the court website. Provide full names and addresses, legal names and addresses of defendants, the amount of money being claimed or property to be recovered, and the basis for the claim. Sign the form and submit it to the court clerk. The court clerk, in turn, hands the summons over for service to the defendant. A filing party can serve the summons by certified mail (with a proof of delivery service), or through a sheriff/ court-approved process server. The filing party is not expected to serve the papers personally. Although the plaintiff bears the cost of service, they might get a refund if they recover the monetary claim.
• The defendant is typically expected to submit a written response to either opt out of the settlement or file a counterclaim with the clerk of the same court in which the plaintiff filed. Filing a counterclaim generally necessitates a court hearing. To avoid default judgment—and thus a court order—the defendant should file any response within 30 days.

Do I Need a Small Claims Lawyer?

In small claims court, attorneys generally do not represent parties unless the judge grants an exception based on specific circumstances. For example, if the case connects to other matters that necessitate legal counsel, the judge may allow an attorney to participate.

How do Class Action Lawsuits Work in Arkansas?

Class action lawsuits in Arkansas combine similar cases into one mega suit against a common defendant. It may be useful in seeking redress for the violation of human rights by large corporations or government agencies. Examples of objects of class action in Arkansas are finance scams, deceptive advertising practices, fake products, professional malpractice, etc. Also called mass tort litigation. A class action usually begins with an informal consultation with a legal expert by a few persons with complaints. After review, the small team identifies other injured parties. When the number of people is sufficiently adequate, they jointly file for class action certification. After certification, the case proceeds to a full trial. Members of the class get notified of their intentions of participation in class action; they can decide to join or decline. Also, at any point, a class member can opt out of the class and file individually. The implication is that the outcome of the class action may not apply to the party. Class actions are major civil disputes, hence attorney representation is a key feature. After suing, the defendant receives the notice of summons and the timeline during which the defendant typically responds. The defendant can opt for a settlement. Here, the court hearing generally formalizes the settlement's arrangements, terms, and conditions. If the defendant files a counterclaim, then the trial date is scheduled, and both parties prepare documents and evidence for the hearing. Class actions are laborious and time-consuming, sometimes rolling into years.

Is a Class Action Better Than a Single Party Suit?

Generally, yes. Class action lawsuits serve as a powerful means to address widespread civil rights violations by bringing collective attention to an issue, which often encourages the legal system to maintain justice and fairness. They also offer a path to redress for individuals who might not otherwise have the resources or willingness to pursue a claim on their own.

Nonetheless, class actions have limitations. They focus on shared aspects of the case and may not address individual differences among class members. Additionally, they often take more time—potentially extending into years—compared to single-party suits.

Arkansas public records may also be accessed through third-party aggregate sites. These websites are a convenient alternative to government-owned resources since they are typically accessible remotely and aggregate records from multiple jurisdictions in one database. To use third-party search engines, inquirers are typically required to provide the following information:

• The name of the person involved in the record, unless said person is a juvenile
• The location or assumed location of the record or person involved. This includes information such as the city, county, or state the person resides or was accused in.

Third-party sites are operated independently of government sources. Thus, record availability, accuracy, and validity may not be guaranteed. 

What Cases Are Heard by Small Claims Courts in Arkansas?

Some small claims cases heard in Arkansas District Courts may include:

• Security deposits
• Warranty breaches
• Contract disputes
• Debts
• Employment claims

All these cases are typically admissible in the small claims division if the monetary value involved is equal to or below $5000. Bankruptcy cases do not qualify for small claims courts in Arkansas.