Arkansas Statute of Limitations on Debt Collection
Consumers being sued by a collection agency should be aware of the statute of limitations for a breach of contract. In Arkansas, written contracts have a statute of limitations of 5 years. However, if a consumer is convinced to make a payment by a collector, the statute of limitation period begins anew as a partial payment or written acknowledgement of default of the debt tolls this statute of limitations (A.C.A. 16-56-111).
Most cases filed against consumers for unpaid debts are filed as ‘breach of contract’ claims. Thus, a consumer concerned about a collector suit, must be aware of the statute of limitations in a breach of contract action. In Arkansas, contracts not in writing have a statute of limitations of 3 years (A.C.A. 16- 56-105).
Debts incurred for medical services have a statute of limitations of 2 years from the date the service(s) was rendered or from the date in which the most partial payment was made (A.C.A. §16-56-106). Prior to entering into an agreement to pay off a debt, a consumer should ensure the debt is actually still due and payable.
SmithMarco, P.C. has experienced attorneys available for any further Arkansas Statute of Limitations questions. Please call us at 888-822-1777 or contact us here for a free consultation.
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