Legal Question in Civil Litigation in Arkansas
What happens if a Civil Suit is filed and then a counter with a Small Claims sui
I need to know if a Small Claims suit will be held before a circuit court suit is held and if the small claims suit is first to be heard will the circuit court suit be heard as well if the judge already ruled in Small Claims.
What happens if the Small Claims letter is not answered in the alotted time? How long does a person have to answer to it or pick it up. Do they have to be served if they don't pick up the registered mail?
Can the circuit court suit be postponed if the other does not have an attorney to represent them?
If someone makes an oral contract to pay for something within 2 months and keeps putting it off does that make them in breach of contract. would the judge rule in the others behave because of lack of payment in a timely manner?
thank you
1 Answer from Attorneys
Re: What happens if a Civil Suit is filed and then a counter with a Small Claims
You have asked several questions, most of which I need more information to answer.
You have 20 days to file an answer to a Complaint. The person served needs to be served by a process server or by certified mail, restricted delivery. However, if someone answers, the judge may waive proper service.
It is possible to postpone a court date, at the judge's discretion. Whether in your question it is good enough reason is up to the judge.
Whether two months is enough time depend on the type of debt, amount, what was said, etc.
I need more complete information to answer all of your questions, or answer more of them completely. You are welcome to call or email me if you need more help.
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