Arkansas Answer to a Complaint
Arkansas gives you 30 calendar days to answer a complaint under Ark. R. Civ. P. 12(a)(1). There is no statewide form, so type the answer on pleading paper.
Introduction
An Arkansas Answer to a Complaint is the written response you file with the clerk of the Circuit Court or District Court after you are served with a summons and complaint. It admits or denies the complaint's allegations, raises the affirmative defenses you intend to rely on, and, if you have a related claim, includes a counterclaim. Under Ark. R. Civ. P. 12(a)(1) you have 30 calendar days after the summons and complaint are served to file it, and that 30-day window now applies to both resident and nonresident defendants under the current rule, with 60 days for a defendant incarcerated in this state. What sets an Arkansas answer apart is that there is no mandatory statewide answer form. You type the answer on pleading paper with a caption that complies with Ark. R. Civ. P. 10(a), file it with the clerk of the court named in the summons, and serve a copy on the plaintiff under Ark. R. Civ. P. 5(b). Miss the deadline and the plaintiff can ask the court to enter a default judgment under Ark. R. Civ. P. 55(a). DocDraft drafts an Arkansas-formatted answer from your facts, with attorney review available before you file.
Key Things to Know
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Your deadline is 30 calendar days. Under Ark. R. Civ. P. 12(a)(1) your answer is due within 30 days after the summons and complaint are served, and the current rule applies that 30-day window to both resident and nonresident defendants. A defendant incarcerated in this state has 60 days.
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There is no statewide answer form. Arkansas has no mandatory statewide answer form, so you type the answer on pleading paper with a caption that complies with Ark. R. Civ. P. 10(a) and file it with the clerk of the court named in the summons.
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The deadline differs in an eviction. In an unlawful detainer case the defendant has only 5 days, excluding Sundays and legal holidays, after service of the summons, complaint, and notice seeking a writ of possession to file a written objection under Ark. Code Ann. 18-60-307(b), or the clerk issues a writ of possession.
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Small claims also allows a written answer. In the Small Claims Division of District Court, a written answer is permitted and recommended within 30 days under Ark. Dist. Ct. R. 6(b), and you must also appear on the hearing date stated in the summons, or a default judgment can be entered.
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There is usually no fee to file an answer. The fee to file an answer is $0 unless you assert a counterclaim, and if you cannot afford court costs you can file a Petition for Leave to Proceed In Forma Pauperis based on means-tested public assistance or income at or below 125% of the federal poverty level.
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A related claim may be compulsory. Under Ark. R. Civ. P. 13(a) a counterclaim that arises out of the same transaction or occurrence as the plaintiff's claim is compulsory and must be filed with your answer, or you can lose the right to bring it later.
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Know the Arkansas defenses. Affirmative defenses such as payment, release, fraud, statute of frauds, statute of limitations, and accord and satisfaction must be pleaded in the answer, and the statute of limitations on a written contract is five years under Ark. Code Ann. 16-56-111.
Key Decisions
Answer to a Complaint Requirements
The full name of the court and judicial district where the lawsuit was filed, exactly as it appears on the summons.
The plaintiff's and defendant's full legal names as listed in the complaint, with you named as the defendant.
The case or docket number assigned by the court, found on the summons and the complaint.
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Arkansas Requirements for Answer to a Complaint
In a general civil case your answer is due within 30 calendar days after the summons and complaint are served, under Ark. R. Civ. P. 12(a)(1), and the current rule applies that 30-day window to both resident and nonresident defendants. A defendant incarcerated in this state has 60 days, and warning-order service runs 30 days from first publication.
Arkansas has no mandatory statewide answer form, so you type the answer on pleading paper. The answer must respond to each allegation in the complaint and state the affirmative defenses you intend to rely on, and if you have a related claim against the plaintiff you include it as a counterclaim.
Caption the answer for the court named in the summons under Ark. R. Civ. P. 10(a), which for general civil cases is the Circuit Court for amounts over $25,000 or equitable relief and the District Court for limited civil matters up to $25,000, and for small claims up to $5,000 is the Small Claims Division of District Court. Include the case number, the parties' names, and the title Defendant's Answer to Complaint.
File your answer with the clerk of the court named in the summons, either before service or within a reasonable time thereafter under Ark. R. Civ. P. 5(c). E-filing is required for attorneys and optional for self-represented defendants, who may also file in person or by mail.
Under Ark. R. Civ. P. 5(b), serve a copy of your answer upon the plaintiff or the plaintiff's attorney by delivering a copy or by sending it by regular mail to the last known address, or if no address is known, by leaving it with the clerk of the court, and keep proof of service.
The fee to file an answer in Arkansas is $0 unless you assert a counterclaim. If you cannot afford court costs, file a Petition for Leave to Proceed In Forma Pauperis, based on means-tested public assistance or income at or below 125% of the federal poverty level.
State each affirmative defense you intend to rely on, such as payment, release, fraud, statute of frauds, statute of limitations, accord and satisfaction, res judicata, or estoppel. The statute of limitations on a written contract is five years under Ark. Code Ann. 16-56-111.
Under Ark. R. Civ. P. 13(a), a counterclaim that arises out of the same transaction or occurrence that is the subject matter of the plaintiff's claim is compulsory and must be filed with your answer, or you can lose the right to bring it later. Asserting a counterclaim may require a filing fee.
Frequently Asked Questions
In a general civil case, Ark. R. Civ. P. 12(a)(1) gives you 30 calendar days after the summons and complaint are served to file your answer, and the current rule applies that 30-day window to both resident and nonresident defendants. A defendant incarcerated in this state has 60 days, and service by warning order runs 30 days from first publication. The deadline is much shorter in an unlawful detainer case, where a written objection is due within 5 days, excluding Sundays and legal holidays, under Ark. Code Ann. 18-60-307(b). Missing your deadline can lead to a default judgment.
Arkansas has no mandatory statewide answer form. You type the answer on pleading paper with a caption that complies with Ark. R. Civ. P. 10(a), naming the court, the parties, and the case number from the summons, and titling the document as the defendant's answer. The answer must respond to each allegation in the complaint and state the affirmative defenses you intend to rely on, and if you assert a related claim against the plaintiff you include it as a counterclaim.
File your answer with the clerk of the court named in the summons. General civil cases are heard in the Circuit Court for amounts over $25,000 or for equitable relief, and in the District Court for limited civil matters up to $25,000, while small claims up to $5,000 are heard in the Small Claims Division of District Court. E-filing is required for attorneys and optional for self-represented defendants, who may also file in person or by mail.
The fee to file an answer in Arkansas is $0 unless you assert a counterclaim. If you cannot afford court costs, you can file a Petition for Leave to Proceed In Forma Pauperis. Eligibility is based on indigency shown by means-tested public assistance or income at or below 125% of the federal poverty level, and the petition is filed with the same court that is hearing your case.
Under Ark. R. Civ. P. 55(a), when a defendant has failed to plead or otherwise defend, judgment by default may be entered by the court. You may be able to set the judgment aside under Ark. R. Civ. P. 55(c) by filing a Motion to Set Aside Default Judgment before the judgment becomes final and showing mistake, inadvertence, surprise, or excusable neglect, that the judgment is void, or fraud. The reliable path is to file your answer on time.
Yes, and you may be required to. Under Ark. R. Civ. P. 13(a), a counterclaim is compulsory if it arises out of the same transaction or occurrence that is the subject matter of the plaintiff's claim, and a compulsory counterclaim must be filed with your answer or it can be lost. A claim arising from a different transaction may be raised as a permissive counterclaim. Asserting a counterclaim may require a filing fee.