Arkansas Answer to a Complaint

Introduction

Key Things to Know

1. 1

   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.

2. 2

   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.

3. 3

   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.

4. 4

   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.

5. 5

   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.

6. 6

   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.

7. 7

   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.

Arkansas Requirements for Answer to a Complaint

• 30-Day Answer Deadline

  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.

• No Statewide Form, Pleading Paper

  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.

• Court Caption

  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 With the Court Clerk

  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.

• Serve a Copy on the Plaintiff

  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.

• No Answer Fee, Waiver Available

  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.

• Affirmative Defenses

  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.

• Compulsory Counterclaim If Any

  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.