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Arkansas · Filing guide · District Court, Small Claims Division

How to file a small claims case in Arkansas, step by step

Everything from the first letter to getting paid, in the order you'll do it. Tick each step as you go; your progress is saved in this browser.

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Before you file

1–3 weeks before filing

Arkansas doesn't require a demand letter, but the Attorney General suggests trying to settle with the other side first.

Use the free demand letter generator, give them 10–14 days, and keep a copy with proof of the date you sent it.

In Arkansas you can sue for up to $5,000 in the District Court, Small Claims Division.

Run the 60-second case check to see the last day you can file.

  • Your full name, address and phone
  • The defendant's exact legal name and a street address where they can be served
  • The amount you're asking for (up to $5,000) and how you got that number
  • The date and place the problem happened
  • A short plain description of what happened
  • Copies of contracts, receipts, estimates or photos

Use the company's exact legal name and serve its registered agent.

Search: Arkansas Secretary of State Business Entity Search.

  • The contract, lease, invoice or receipt
  • Photos of the damage, dated if possible
  • Texts, emails and letters with the other side
  • Two written repair estimates or proof of what you paid
  • Your demand letter and proof it was sent
  • Names and contact details of any witnesses

Fill in the claim

1–2 evenings

Small Claims Complaint: Small claims complaint and summons from your district court clerk. Ask the court clerk or check your court's website.

  • Who: you and the defendant, with full legal names and addresses
  • What: the agreement or event, in 2–4 plain sentences
  • When: the date it happened
  • How much: the exact amount (no more than $5,000) and how you calculated it
  • What you did: when you asked for payment and their response

Sign the complaint; some courts ask for it to be sworn before the clerk or a notary.

Bring the original and one copy for each defendant, plus two sets of your proof (one for the court, one for the defendant).

File and pay

Filing day

Choose how you'll file:

OnlineNot availableeFlex works only in participating courts and needs training and a $100 registration fee, so small claims are normally filed on paper with the district court clerk. Ask your clerk. eFlex (Arkansas Judiciary)
In personTake the complaint to the district court clerk in the right county and pay the filing fee. Pay the service fee separately to the sheriff or process server.
By mailSome district courts accept filings by mail; call the clerk to confirm the fee and how to pay.

File in the county where a defendant lives, where the contract was made or to be performed, or where the injury or damage happened.

About $65 in most district courts, with small local add-ons in some (for example $67.50). Service is paid separately: the sheriff charges about $50, or you can use certified mail or a process server. Can't afford it? Ask for a fee waiver: Petition to proceed in forma pauperis (ask the clerk for the form).

The clerk gives you a case number and a summons for each defendant. You then arrange service by the sheriff, a process server, or certified mail.

Serve the defendant

Right after filing

Serve by the sheriff, a private process server, or certified mail with restricted delivery. You pay the server directly, not the court.

Serve within 120 days of filing. The defendant then has 30 days to file a written answer.

Proof of service (sheriff's return, server's affidavit, or signed certified mail receipt)

Make sure the proof is filed with the court; the sheriff usually files the return, but with mail service you file the receipt yourself.

Don't wait until the hearing. Ask the clerk right away for a new hearing date and try another method, such as personal delivery instead of mail, or a different address.

Before the hearing

1–4 weeks before

The defendant must file a written answer within 30 days of service and mail you a copy. They can add a counterclaim or setoff.

If you settle, put it in writing and tell the clerk so the case can be dismissed.

Get any settlement in writing, signed by both sides, with the amount and payment date.

A witness who saw what happened is stronger than a written statement; some judges won't accept letters.

Ask the district court clerk for a subpoena for any witness who won't come voluntarily.

  • Three copies of every document: for you, the judge and the defendant
  • A one-page timeline of what happened, with dates
  • A short sheet showing how you calculated the amount
  • Photos printed or ready on your phone (ask the clerk if screens are allowed)

The hearing

Hearing day

  • If you can't attend, ask the clerk in writing for a new date at least a week ahead
  • Arrive early and check in with the clerk
  • Bring copies of every document for the judge and the other side
  • Bring your witnesses, or ask the clerk for a subpoena
  • Free mediation may be offered if both sides agree

What to say, in about two minutes
  1. Who you are and what you're asking for: the amount.
  2. What the agreement or situation was.
  3. What went wrong, with dates.
  4. What it cost you and how you calculated it, showing your documents.
  5. That you asked for payment and what they said.

Speak to the judge, not the other side. Stay calm, answer the question asked, and don't interrupt.

If the defendant doesn't answer or come to trial, the judge may enter a default judgment after hearing about your damages. If you don't come, your case can be dismissed.

After the judgment

Weeks to months

Either side can appeal within 30 days after the judgment is entered on the docket. The case is heard again in the county's Circuit Court, with a new filing fee, and a bond may be needed if money was awarded.

The court doesn't collect for you. Ten days after judgment you can garnish wages (up to 25% of net pay) or a bank account, or ask for a writ of execution on property.

Keep proof of every payment. When you're paid in full, tell the court; some courts require a satisfaction-of-judgment form.

Free help in Arkansas

Arkansas Attorney General: Guide to Small Claims Court

Ready to start? Check your case and create your demand letter.

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