Arkansas state law
Exempt from garnishment:
– $500 head of family
– $200 if single.
– Since federal law offers better exemption, it applies
MAXIMUM INTEREST RATE
– Legal: 6% or 5 points above the federal discount rate
– Judgment: Contract rate or 10% per annum, whichever is greater
STATUTE OF LIMITATIONS ON ENFORCEMENT
– Open Account (credit card): 3 years
– Written Contract: 5 years
– Sale of Goods: 4 years
– Domestic Judgment: 10 years (judgment is renewable)
– Foreign Judgment: 10 years
BAD CHECK LAW DAMAGES
– Twice the amount of check or $15 per check after 30 days
tape recording
– One party state
BANKRUPTCY PROPERTY EXEMPTIONS
– You can use either the state exemptions below or the federal exemptions.
–
The State of Arkansas allows debtors to exempt (or keep) the property below when filing bankruptcy:
Real Estate:
– Real or personal property used as residence, but only if head of family, unlimited value for up to 1/4 acre in city or town, or 80 acres elsewhere. If property is between 1/4 and 1 acre in city or town, or 80 – 160 acres elsewhere, up to $2,500 and no homestead may exceed one acre in city or town, or 160 acres elsewhere [16–66–210 and 16–66–218(b)(3)]
Personal Property:
– Burial plot to 5 acres in lieu of homestead option 2 [16–66–207 and 16–66–218(a)(1)]
– Clothing, unlimited amount [Arkansas Constitution 9–1 and 9–2]
– Motor vehicle to $1,200 [16–66–218(a)(2)]
– Wedding rings, unlimited amount, but any diamonds cannot exceed 1/2 carat [16–66–218(a)(3)]
– Implements, books and tools of trade up to $750 [16–66–218(a)(4)
Insurance / Annuities:
– Disability benefits, unlimited amount [23–79–133]
– Group life insurance, unlimited amount [23–79–132]
– Life, health, accident or disability cash value or proceeds paid or due (limited to $500 personal property exemption in Secs. 9–1 and 9–2 of Arkansas Constitution) [16–66–209]
– Annuity contract, unlimited amount [23–79–134]
– Fraternal society benefits, unlimited amount [23–74–403]
– Mutual life or disability insurance benefits to $1,000 [23–72–114]
– Stipulated insurance premiums, unlimited amount [23–71–112]
– Life insurance proceeds if beneficiary is not the insured, unlimited amount [23–79–131]
– Life insurance proceeds if policy prohibits proceeds from being used to pay creditors, unlimited amount [23–79–131]
Pensions / Retirement Plans:
– Firefighters, unlimited amount [24–11–814]
– Police officers, unlimited amount [24–11–417]
– IRA deposits to $20,000, if deposits exceed 1 year before filing bankruptcy (limit applied to individual debtor and husband/wife combined) [16–66218(b)(16)]
– School employees, unlimited amt [24–10–616]
– State police officers, unlimited amount [24–6–223]
Public assistance:
– Crime victims' compensation up to $10,000 [16–90–716(e)]
– Unemployment compensation, unlimited amount [11–10–109]
– Workers' compensation, unlimited amount [11–9–110]
Wages:
– Earned but unpaid wages due for 60 days, up to $500 if married or head of household, up to $200 otherwise (16–66–208 and 16–66–218(b)(6)]
Miscellaneous:
Business partnership property, unlimited amount [4–42–502]; any property up to $800 if single or up to $1,250 if married [16–66–218(a)(1)] |