Arkansas · Unpaid personal loan

Unpaid personal loan in Arkansas small claims

Friend or family owes you money? Recover it in small claims.

Lending money to a friend or family member without repayment can lead to a small claims case. You do not need a formal promissory note to sue, but having written evidence of the loan — even text messages or emails confirming the amount and a promise to repay — dramatically strengthens your case. The key elements are proving the loan was made, the amount, and that repayment was due.

In Arkansas, small-claims cases are heard in the Small Claims Division of the District Court and you can sue for up to $5,000.

Good to know: Arkansas small claims is not a separate court but a division within each District Court, with its own docket. Attorneys cannot practice in it, and collection agencies and lenders cannot file there.

Unpaid personal loan: steps that matter

1. Gather all evidence of the loan: bank transfers, cash-withdrawal records, texts, emails, or any written note agreeing to repay.
2. Calculate the amount owed including any agreed interest, and confirm when repayment was supposed to occur.
3. Send a written demand for repayment with a clear deadline and keep proof you sent it.
4. Confirm you are within the statute of limitations below before filing — the clock may have started from the repayment due date.
5. File in the court where the defendant lives or where the loan was agreed to.

Filing your claim form in Arkansas

1. Complete the claim form. Complete the claim form (complaint) with the names and addresses of both parties, the amount of money or property claimed, and a short explanation of why the defendant owes it. The clerk provides blank forms.
2. File with the clerk and pay the fee. File with the District Court clerk for the proper venue, usually where the defendant lives or where the contract was to be performed (Ark. Code Ann. 16-17-706), and pay the filing fee.
3. Have the defendant served. Unless you request sheriff service, the clerk serves the defendant by certified mail (return receipt, addressee only) with a copy of the claim form. The defendant must be served within 120 days of filing.
4. Wait for the answer or seek default. The defendant has 30 days after service to file an answer. If none is filed, the court may enter a default judgment.
5. Attend the informal hearing. The case is tried informally with relaxed rules of evidence. You carry the burden of proof, and both sides may bring witnesses.

Filing fees: The District Court Benchbook lists a $50 statutory filing fee (Ark. Code Ann. 16-17-705) plus a $15 technology fee; the Attorney General's guide puts the typical total at $30 to $65. Service costs are extra. Verify the amount with your court.

Deadline that applies to your unpaid personal loan

A personal loan is a contract or debt claim — you lent money on a promise to repay. If you have a written loan agreement, the written-contract statute of limitations typically applies. If the loan was only a verbal agreement, the oral-contract or debt period usually governs. The limitations clock generally starts from the date repayment was due or the last payment made.

Written contract: 5 years from the date the contract is broken (Ark. Code Ann. 16-56-111)

Answering a lawsuit: 30 days after the claim form is served on the defendant.

Serving the defendant: Unless you request the sheriff, the defendant is served by certified mail (return receipt, addressee only) with a copy of the claim form. The case is not commenced unless the defendant is served within 120 days of filing.

Appeals: Either party may appeal to circuit court within 30 days of the judgment being entered on the docket, where the case is tried de novo (Ark. Dist. Ct. R. 9 and 10).

All Arkansas small-claims deadlines

The table below lists the filing deadlines Small Claims Division of the District Court applies by claim category. Confirm the exact rule that applies to your unpaid personal loan claim with your court before relying on any figure.

Arkansas small-claims forms for your unpaid personal loan case

These forms are published by the Small Claims Division of the District Court. Download and complete them before filing.

• Official Form of Summons (Arkansas Rule of Civil Procedure 4): Supreme Court of Arkansas approved summons (revised effective January 1, 2019) used where personal service is made under Rule 4; incorporates a proof of service for completion by a sheriff, deputy, or other authorized person.
• Notice and Acknowledgment for Service by Mail: Form accompanying service of process by mail, by which the defendant acknowledges receipt of the claim/summons.
• Civil Cover Sheet: Cover sheet filed with civil and small claims actions in district court identifying the parties and nature of the case.
• Civil Cover Sheet - Instructions: Instructions for completing the district court civil cover sheet.

This page is general information, not legal advice, and CaseBySelf is not a law firm. Rules, fees, and deadlines change and vary by court: verify with the specific court where you file. Source: Arkansas Judiciary: District Court Benchbook (Administrative Office of the Courts). Last reviewed 2026-06-24.