The Small Claims Division is designed to allow individuals to settle certain disputes in court with relaxed rules of procedure and without attorneys. Individuals who are represented by an attorney must file their claim in the civil division. This court is very similar to a people’s court. Individuals are allowed to sue in small claims court for different types of damages. Small claims court is often used as a means to recover money for damages to personal property, to recover personal property or to settle disputes involving contracts. All claims are limited by a set dollar amount, which is set by the state law. The current amount of a claim can not exceed $5,000.00 in the Small Claims Division.
No action can be brought in small claims court by a collection agency, collection agent, assignee of a claim or by any person, firm, partnership, association or corporation engaged, either primarily or secondarily, in the business of lending money at interest. By definition this includes credit bureaus and collection agencies. However, corporations, that are not classified as lending institutions (which have no more than three stockholders) may sue or be sued in small claims court, provided they are represented by officers of such corporations.
The entities listed above or persons with an attorney appearing on their behalf must file in the civil division. Attorneys are not allowed to practice in the small claims division. If an attorney appears in a small claims case, the case must be transferred to the civil division. All actions filed in the civil division are subject to the Inferior Court Rules, the Rules of Civil Procedure and the Uniform Rules of Evidence.
District Court has no jurisdiction over matters involving personal injury.
The Civil Division is designed to allow collection agencies, a collection agent, a firm, an association, a corporation or an individual being represented by an attorney, to file a claim to settle certain disputes that are not in excess of $25,000.00. These may include recovery for damages to personal property, money owed, or for delivery of personal property. Suits involving contracts, security deposits and warranties are also common. A civil lawsuit usually deals with private rights of individuals, groups or businesses. Any claim in excess of $25,000.00 must be filed in Circuit Court.
An example of a civil lawsuit is a collection agency suing an individual for a medical debt or a credit card company suing an individual for a past due bill.
In order to file either a small or civil claim, you may use the form located on our forms page.
The Civil & Small Claims Division holds court on 2nd and 4th Tuesdays at 1:00 p.m. at the following location:
Clark County Courthouse Complex
419 Clay St.
Arkadelphia, AR 71923