How to Respond to Debt Collection Summons in Arkansas?

You have 30 calendar days from the date you’re served to file a written Answer with the court. Deny the allegations, assert valid defenses (such as statute of limitations or FDCPA violations), and serve the creditor properly via certified mail with return receipt. Ignoring the summons can lead to default judgment, wage garnishment, bank seizures, and severe credit damage.

Understand Your 30-Day Deadline

• Deadline: 30 calendar days from service (Ark. Dist. Ct. R. 6(b))
  
• How you’re served: By sheriff’s deputy, process server, or certified mail (return receipt required)
  
• If deadline falls on weekend/holiday: File the next business day
  

Missing this deadline = automatic default judgment → wage garnishment, property liens, credit damage, and loss of the case

Review the Summons & Complaint

• Summons tells you when and where to respond
  
• Complaint lists who is suing you, for how much, and why
  
• Verify everything:
  
  • Amount of debt
    
  • Original creditor
    
  • Proper service
    
  • Court name & case number

Debt buyers must be licensed by the Arkansas State Board of Collection Agencies.

Draft Your Answer – Line-by-Line Defense

You can use:

• An Arkansas-specific general denial template from Arkansas Law Help
  
• SoloSuit online tools
  
• Court-approved Answer forms

A. Respond to Each Allegation

For every paragraph in the complaint:

• Admit – Only if completely true
  
• Deny – Recommended default (forces creditor to prove it)
  
• Lack knowledge – Use when unclear
  

B. Assert Affirmative Defenses

Defense	Use If
Statute of limitations	Debt > 5 years old for written contracts or credit cards
Already paid	You have proof of payment
FDCPA violations	Harassment, threats, excessive calls
Fraud or identity theft	You did not take out the debt
Improper service	Not served according to Arkansas rules
Collector lacks standing	Debt buyer cannot prove ownership

SOL Periods (Arkansas)

Debt Type	SOL Period	Starts From
Credit Cards	5 years	Last payment
Medical Bills	5 years	Date of service
Auto Loans	4 years	Final payment due
Judgments	10 years	Entry of judgment

Use language like: “Defendant pleads all affirmative defenses, specifically the statute of limitations, lack of standing, and payment already made.”

C. Optional: Counterclaims

You can sue the collector in the same response if they violated the Fair Debt Collection Practices Act (FDCPA).

File & Serve Your Answer Properly

Filing:

• File original + 2 copies to the court listed on the summons
  
• Get file-marked copies from the court clerk (in-person, mail, or e-file)
  
• No fee required to file an Answer

Serving the Plaintiff:

• Mail one copy to the plaintiff’s attorney via Certified Mail – Return Receipt
  
• Complete a Certificate of Service showing when/how you mailed it
  
• Keep a copy for your records

Do NOT use regular mail. If there’s no proof of service, your Answer could be rejected (as happened to James in Little Rock).

Arkansas-Specific Legal Protections

Protection	Details
Wage Garnishment Limit	Max 25% of disposable income; exempt if take-home < $217.50/week
Homestead Exemption	$2,500 equity protected in your primary residence
Bank Account Protection	$800 exempt (single), $1,250 (married)
No Jail for Debt	Jail is prohibited for unpaid debts

Legal Strategy After Filing

A. Fight the Case

• Demand debt validation within 30 days → creditor must show original contract, payment history, and proof they own the debt
  
• File a motion to dismiss if:
  
  • Statute of limitations expired
    
  • Service was improper
    
  • Collector lacks legal standing

B. Settle the Case

• Post-filing is the best time to negotiate—creditors often accept 30–50% lump sums
  
• Example script:
  “Dismiss the case with prejudice and remove it from credit reporting. I’ll pay $X in 10 days.”
  
• Always get a Stipulation of Dismissal in writing and filed with the court

Common Mistakes to Avoid

Mistake	Why It’s a Problem
Ignoring the 30-day deadline	Leads to default judgment
Calling creditor instead of filing	Does NOT count as a legal response
Partial payments	Can restart the statute of limitations clock
Forgetting to serve properly	Answer may be rejected
Ignoring discovery requests	Results in automatic loss

When to Get Legal Help

DIY is fine if:

• Debt is under $10,000
  
• You have a clear statute of limitations defense

Hire a lawyer if:

• Debt is large or complex
  
• You’re facing wage garnishment
  
• Collector violated FDCPA

Free help:

• Center for Arkansas Legal Services: (501) 376-3423
  
• Legal Aid of Arkansas: www.arlegalservices.org
  
• Arkansas AG Consumer Protection Division: (800) 482-8982

Forms, Templates, and Resources

Resource	Purpose
Arkansas Law Help	Free Answer templates, clerk letters
Affidavit of Indigency	File if you cannot afford court costs
Certificate of Service (sample)	Proves you served the Answer
Debt Validation Letter	Request proof of debt from collector
SoloSuit / Upsolve	Tools to draft and file your Answer

Arkansas Debt Lawsuit Timeline

Day	Task
0	Receive Summons & Complaint
1–25	Draft and finalize your Answer
30	File and serve your Answer
31+	Case proceeds: Pretrial, Mediation, or Trial
Ongoing	Negotiate or fight with confidence

Final Takeaways: Your Arkansas Survival Plan

✔ Respond within 30 days—no exceptions
✔ Deny all allegations and assert defenses
✔ Serve via certified mail, not regular USPS
✔ Use Arkansas exemptions to protect your income and assets
✔ FDCPA violations = countersuit potential
✔ Never admit debt without solid verification

“Debt collectors win 85% of Arkansas lawsuits by default—not evidence. Your Answer alone flips the script.”
— Legal Aid of Arkansas

Act Now

• Download Arkansas Answer Template (Arkansas Law Help)
  
• Serve your Answer via certified mail with return receipt
  
• Call (501) 376-3423 for free legal assistance
  
• Report collector abuse to Arkansas Attorney Generl