VII. Debtor - Creditor Law

• Library: Guide to Arkansas Statutes of Limitations (2022 Ed.)

A. ABSCONDING DEBTOR.

1. Absconding to state. If any debtor shall fraudulently abscond from any other state, territory, or district to this state without the knowledge of his, her or their creditor, the creditor may commence suit against the absconding debtor within the times in this act or any other acts of limitations, in force on December 14, 1844, prescribed for limiting the action, after the creditor may become apprised of the residence of the absconding debtor. A.C.A. § 16-56-121.
2. Improper act of party. If any person, by leaving the county, absconding, or concealing himself, or by any other improper act of his own, prevents the commencement of any action specified in this act, the action may be commenced within the times respectively limited after the commencement of the action shall have ceased to be so prevented. A.C.A. § 16-56-120.

B. ARMED FORCES PERSONNEL. The statutes of limitations in this state are suspended so far as those statutes affect the claim or cause of action of a person in the armed forces of the United States during the existence of a state of war between the United States and any other nation, and for six (6) months thereafter. A.C.A. § 16-56-118(a). Any person in the armed forces of the United States government during the existence of a state of war between the United States and any other nation may, at any time within one (1) year after the end of the state of war and six (6) months thereafter, maintain a suit for the collection of any debt or the recovery of any real or personal property to which the person may be entitled if the statute of limitations had not run against the action prior to the person's entry into the armed forces. A.C.A. § 16-56-118(b).

C. CONTESTING VALIDITY OF ARGUMENT. All proceedings for the purpose of contesting the validity of an assignment for the benefit of creditors shall be instituted within six (6) months from the date of the assignment, by filing a complaint in the circuit court of the proper county setting forth grounds upon which the assignment is contested. A.C.A. § 16-117-402(a).

D. ATTORNEYS' FEES.

1. Claims for attorneys' fees. Claims for attorneys' fees and related nontaxable expenses shall be made by motion filed and served no later than fourteen (14) days after entry of judgment. Ark. R. Civ. P. Rule 54(e).
2. Claims for attorneys' fees by the State of Arkansas. The State of Arkansas, a county, or both, may file suit to recover money expended in the representation of an indigent if a court determines him not to have been indigent at the time expenditures were made. Any such suit shall be brought within three (3) years after the date of filing of a certificate of indigency. A.C.A. §§ 16-87-217(a).

E. ENFORCEMENT OF JUDGMENTS. Actions on all judgments and decrees shall be commenced within ten (10) years after the cause of action shall accrue, and not afterward...