The Process Server in Arkansas. The usual person to deliver summons to the defendant or other witnesses is the sheriff or those in the sheriff’s office. Other designated people are able to do so as well, but anyone over eighteen could become a process server. However, in Arkansas, only those made process servers by the court can deliver ...
Our pro bono lawyers can help with any non-criminal legal issue you have in Arkansas. This includes questions about divorce, custody, visitation, debts, bankruptcy, unemployment benefits, eviction, housing discrimination, etc. Here are some examples of questions we can help with: My ex isn’t following the visitation plan from our divorce decree.
Service by Mail. The plaintiff or an attorney of record for the plaintiff shall serve process by mail only as provided in this paragraph. (A) (i) Certified mail shall be addressed to the person to be served with a return receipt requested and delivery restricted to …
Apr 10, 2017 · Technically, you do not have to have a lawyer to file for divorce. You are free to represent yourselves. With that said, you need to ask yourself whether or not you feel comfortable representing yourself if you're not sure how to 'tweak' the legal aid forms.
The usual person to deliver summons to the defendant or other witnesses is the sheriff or those in the sheriff’s office. Other designated people are able to do so as well, but anyone over eighteen could become a process server. However, in Arkansas, only those made process servers by the court can deliver summons to the defendant and applicable witnesses. The person must also be at least eighteen and a citizen of the United States. The appointment comes from the state courts, and the individual must retain appointment from the courts. If he or she no longer works in this capacity, he or she cannot serve papers in the state.
In Arkansas, the costs of serving court papers may range from $50 to $200 for each file that needs receiving by the witness or defendant. If there is a rush or an overnight service necessary for these matters, these costs may increase. Locating the individual outside of the usual such as searching him or her out as well as any other additional services added on may cost in addition to the other added expenses. Some professional services may keep these fees down when there is a need for multiple attempts or additional issues. The expenses may remain flat fees no matter how long it takes.
Many legal processes in Arkansas for serving papers occurs through hand delivery. However, there are some other methods available depending on the process server. If hand delivery of the documentation is not possible, these papers are put in the hands of someone at least fourteen years old at the residence of the defendant. They may also transfer to an agent or individual permitted by the service of process in Arkansas. This is a substituted service. However, if the person does not show up in court, a default judgment will occur against him or her. It is very important for a defendant to appear in court after a summons reaches him or her.
Arkansas’s civil legal aid providers, the Center for Arkansas Legal Services and Legal Aid of Arkansas, accept most clients through a statewide toll-free HelpLine. You can also apply online. When you call or apply online, you will be screened to make sure you are financially eligible for help. Then, if the legal aid program takes your case, the services you receive may include the following: 1 Advice to help you resolve your problem (71% of completed cases). 2 Brief service, where a lawyer or paralegal provides limited assistance to help you resolve your problem. For example, the lawyer or paralegal may send a letter or make a phone call for you. 3 Full representation, where a staff lawyer or volunteer lawyer represents you (21% of completed cases).
AR Free Legal Answers can help you with this! AR Free Legal Answers is a website that allows you to post a question about your non-criminal legal problem and have it answered for free by an attorney. In order to qualify, you must be unable to afford to hire an attorney. This service only provides answers to legal questions, the attorney who answers your question will not represent you in the full case or go to court for you. To ask your question, click the button below.
Whenever under this rule or any statute service is required or permitted to be made upon a party represented by an attorney, the service shall be upon the attorney, except that service shall be upon the party if the court so orders or the action is one in which a final judgment has been entered and the court has continuing jurisdiction.
The judge may permit papers or pleadings to be filed with him, in which event he shall note thereon the filing date and forthwith transmit them to the office of the clerk. If the judge permits filing by facsimile transmission, the provisions of subdivision© (2) of this rule shall apply.
Since 1989, subdivision (b) (2) has allowed service of papers, other than the summons and complaint, on attorneys via commercial delivery companies. This subdivision has been amended to allow service by this method on parties as well, but with the safeguard that the commercial delivery company be court-approved. Section 1-2-122 (b) of the Arkansas Code, which allowed service by “an alternative mail carrier,” has been deemed superseded.
Immediately on the filing of the complaint, the clerk shall issue a summons to the plaintiff or the plaintiff’s attorney, who shall deliver it for service to a person authorized by subdivision (c) of this rule to serve process.
(1) For purposes of this rule, the term “process” means the summons and a copy of the complaint, which shall be served together. The plaintiff or the plaintiff’s attorney shall furnish the person making service with as many copies as are necessary.
Failure to make proof of service, however, shall not affect the validity of service.
At any time in its discretion and on terms as it deems just, the court may allow any summons or proof of service to be amended unless it clearly appears that material prejudice would result to the substantial rights of the party against whom the summons is issued.
Technically, you do not have to have a lawyer to file for divorce. You are free to represent yourselves.#N#With that said, you need to ask yourself whether or not you feel comfortable representing yourself if you're not sure how to 'tweak' the legal aid forms. If you fail...
There are a lot of issues here. I suggest that you consult with an attorney to see what your rights are. There are financial issues and access issues . There may be some pro bono attorneys associated with the court system.#N#More
Do-It-Yourself Divorce in Arkansas. You can handle your divorce by yourself without an attorney and a do-it-yourself divorce is a good option if the divorce is uncontested i.e. where there are no children, if the property involved is minimal and if your spouse and you agree on most of the issues.
The first step to filing for a divorce in Arkansas is to fill out the proper forms and then submitting or filing them in the county court. The first form you must complete is the “Complaint for Divorce”, which must state that either your spouse or you have been a resident of the state of Arkansas for at least a period of 60 days ...
Residency: To file for a divorce in the state of Arkansas, your spouse or you must have resided in the state at least 60 days before you file for divorce and for at least 3 months until the judgment is given.
In Arkansas, the child custody law determines the custody on basis of the best interests and welfare of the child irrespective of the sex of the parent.
Covenant marriage is a legally unique type of marriage, where the couple getting married agree to undergo pre-marital counseling and if they seek for a divorce, later on, they agree to have more limited grounds . Arkansas is among the few states in the United States that has the provision for covenant marriage.
If your spouse and you are not able to agree on the various terms of divorce such as property division, alimony, child custody and child support, etc. , then this is known as a contested divorce. This can be a long, expensive and difficult process, which may require you to hire an attorney to represent your case in the court, resolve the disagreements and protect your interests.
Usually, separate property is not divided in a divorce. However, separate property can become community property, if you put your spouse’s name on the title of the property. The property that you can keep as non-marital property include: Any property got before the marriage.
Evidence is proof presented at a hearing in the form of witnesses (people), exhibits (documents), and objects (things). Not all evidence can be considered by the court, however. Evidence must conform to the Rules of Evidence in Chapter 90 of the Florida Statutes to be admissible in court.
An asset may only be determined to be marital by agreement of the parties or determination of the judge. Marital Liability- generally, any debt that you and/or your spouse incurred during the marriage. A debt may only be determined to be nonmarital by agreement of the parties or determination of the judge.
If the petition is for a divorce, it should include the names of the spouses, the date of the marriage, the date of the separation, the names and ages of the children as well as the fact that the petitioner seeks a divorce. Once the summons and petition are prepared, the petitioner must file them with the court and see that a copy is personally ...
In the United States, the terms "petition" and "complaint" are often used interchangeably. The person filing the petition is called the plaintiff or petitioner, and the other party is termed the defendant or respondent. Generally, a plaintiff files a petition or complaint when he feels that he has been wronged in some way by ...
A petition summarizes the circumstances leading to the court case. This means that a complaint must contain the name of the person filing the case and the person or people she is suing. In an injury case, for example, it must contain the basic facts that led to the harm she suffered at the hands of the defendant as well as a statement ...
Individuals drafting a court petition should keep in mind that the purpose of the document is to advise the other party of the basic facts of the case. In order to do that, a petitioner must include the core facts and dates and must sign and date the petition. For example, if the event at the center of the complaint is an automobile accident, ...
A no contact order is a civil order that instructs a person not to have contact with another person, often because the other person has alleged physical abuse, sexual assault, stalking or harassment. If the no contact order is issued, the defendant may be ordered not to have any contact with the victim, either directly or indirectly.
If a no contact order is not issued, the defendant can gather his or her belongings and move out of the property at his or her discretion rather than through a court mandate. There are defenses that a lawyer may be able to make to prevent the issuance of such an order. If a no contact order is issued, a lawyer may still be able to assist ...
The defendant may be able to petition the court for assistance in gathering his or her personal belongings. This is more likely to be granted with a family court restraining order rather than if a criminal no contact order has been issued.
The restraining order may be a criminal no contact order, family court restraining order or civil restraining order. Regardless of the origin of the order, the instructions must be carefully followed. Typically, the no contact order instructs the defendant not to be within a certain number of feet or yards from the victim’s residence and place ...
Another option may be for the defendant’s lawyer to contact the victim’s lawyer in order to make arrangements. If the victim does not have a lawyer, the defendant’s lawyer may be able to contact the victim directly regarding this matter. However, the drawback of this potential option is that the victim may be uncooperative or hostile, ...
Many individuals involved in domestic violence cases are involved in a romantic relationship together. They often share a home and may even be married. When there are instructions prohibiting the defendant to go to the shared home or even contacting the victim, it can be difficult for a person to gather his or her belongings. The defendant may have assets in the home, including money, assets of particular value, personal belongings, clothes, toiletries, a vehicle and other items of significant monetary or sentimental value. There may be a number of ways that the individual can acquire his or her personal property when a no contact order is in place.