Arkansas Small Claims Court: $5,000 Limit, Fees and How to File

In Arkansas, the small claims division of district court hears claims of up to $5,000. The limit comes from Arkansas Supreme Court Administrative Order 18, section 3, which covers contract claims that do "not exceed the sum of five thousand dollars ($5, 000), excluding interest, costs, and attorneys' fees," along with suits to recover personal property worth up to $5,000 and claims for damage to personal property up to $5,000. Section 8 of the Order was repealed effective January 1, 2021, and the $5,000 figure is unchanged in the Supreme Court's compilation of administrative orders current through January 29, 2026.

Every district court in Arkansas has a small claims division with informal procedures. This guide walks through an Arkansas small claims case in the order you will live it, from filing to collecting. For other states, see our guide to small claims court by state.

Information last verified on 2026-10-07. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers the small claims division of Arkansas district courts under Arkansas Supreme Court Administrative Order 18 and Rule 10 of the Arkansas District Court Rules, with the appeal rule in District Court Rule 9. Administrative Order 18 rests on Amendment 80, section 7 of the Arkansas Constitution and Ark. Code 16-17-704. It does not cover evictions or other disputes over land, regular civil cases in district or circuit court, or small claims in other states.

Arkansas small claims limit: $5,000

The small claims division has the same dollar jurisdiction as Administrative Order 18, section 3. In the Order's words: "The small claims division shall have the same jurisdiction over amounts in controversy as provided in subsection 3 of this administrative order." That works out to three kinds of cases:

Small claims shares this jurisdiction with circuit court, so a claim inside the limit could also be filed there. Contract claims of $100 or less belong to district court alone.

The Attorney General's consumer guide describes the court as handling "disputes that are less than $5,000," and elsewhere as $5,000 or less. The Order itself says "does not exceed" $5,000, so a claim of exactly $5,000 fits.

The Arkansas limit is set by Supreme Court order, not by a statute, so any change would come from the Supreme Court. We found no 2025 or 2026 change to the $5,000 figure. Guides that say the Arkansas small claims limit is $10,000 are not supported by the rule text.

Claims over $5,000. Some state district courts have a civil docket that goes up to $25,000 for contract and property claims (AO 18, sec. 6(a)), but that is a regular civil docket, not small claims. If you file a claim for more than the court's limit, District Court Rule 7(b) requires the court to dismiss it for lack of subject matter jurisdiction, so a larger claim belongs in a court that can hear it. The rules we reviewed do not address splitting a larger claim or giving up the amount over $5,000 to stay in small claims; ask the clerk or a lawyer before you file.

Who can sue, and what you cannot sue for

Any person 18 or older can use the court. A minor can sue through a parent, relative or next friend who is over 18, according to the Attorney General's guide.

Administrative Order 18 keeps several plaintiffs out entirely: "No action may be brought in the small claims division by any collection agency, collection agent, or assignee of a claim or by any person, firm, partnership, association, or corporation engaged, either primarily or secondarily, in the business of lending money at interest."

Corporations face a further limit. Only a closely held corporation may sue or be sued in the small claims division, and "a corporation shall be represented in the proceedings by an officer of the corporation" (AO 18, sec. 4). Under the Order, an Arkansas corporation counts as closely held if it has no more than 3 stockholders, if 85% or more of its voting stock is held by people related within the third degree, or if its shareholders voted unanimously to treat it as closely held. The Order does not say whether an LLC or a sole proprietor qualifies; ask the clerk.

The Attorney General's guide says you cannot use small claims court "to file for a divorce, guardianship, name change, bankruptcy or to contest title to or possession of real estate." Rule 10 also keeps cases simple: "No new parties shall be brought into an action in the small claims division of district court, and no party shall be allowed to intervene." There are no depositions or discovery, except to help collect a judgment.

Every claim also has a filing deadline. Check the Arkansas statute of limitations for your type of claim. If your dispute is a withheld security deposit or repairs, Arkansas landlord-tenant laws explains the underlying rules.

Before you file

Arkansas does not require a demand letter or mediation before you file in small claims, in the sources we reviewed. The Attorney General's checklist suggests trying to resolve the dispute first and considering mediation or another form of dispute resolution. A written demand you kept a copy of is also useful evidence at the hearing.

How much it costs to file

There is no single statewide small claims fee schedule in the sources we reviewed. The Attorney General's guide says you "pay a filing fee that typically varies between $30 and $65," depending on the district court. Ask your district court clerk for the exact amount. If you file through the courts' electronic filing system, a separate $20 e-filing fee applies (Administrative Order 21).

Little Rock District Court in Pulaski County publishes its own figures:

In Little Rock's words, "The filing fee for small claims under $5,000.00 is $65.00." These are Little Rock figures; other district courts set their own. The plaintiff pays the cost of service up front, and the winning party can recover service costs as part of the court costs, according to the Attorney General's guide.

Fee waiver. If you cannot afford the fee, you can petition the court to proceed in forma pauperis under Arkansas Rule of Civil Procedure 72, which District Court Rule 1(c) applies in district court where applicable. The petition needs a sworn affidavit of indigency and a copy of your claim. If the court grants it, you sue without paying the clerk's filing fees.

Lawyers and business representation

Arkansas is one of the states that keeps lawyers out of small claims. Administrative Order 18, section 4 says: "No attorney-at-law or person other than the plaintiff and defendant shall take part in the filing, prosecution, or defense of litigation in the small claims division."

This does not mean you lose your case if a lawyer gets involved. If the judge determines that an attorney represents a party, the case is transferred to the district court's regular civil docket rather than dismissed (AO 18, sec. 4; Ark. Dist. Ct. R. 10(f)).

Where to file

According to the Attorney General's guide, "You can file a lawsuit in the county in which a defendant currently resides or in the county where he was to perform an obligation." Little Rock's instructions say to file in the defendant's county or where the action took place. If you are unsure which district court is right, ask the clerk before you file.

Serving the defendant

The clerk handles service by mail unless you ask for something else. Rule 10 says: "Unless service by the sheriff or other authorized person is requested by the plaintiff, the defendant shall be served by certified mail." The mail goes restricted delivery, meaning only the person named can sign the return receipt, under Rule 4 of the Arkansas Rules of Civil Procedure.

You pay for service. Little Rock's instructions give you 120 days to complete service.

If you are the defendant

You must respond in writing. Rule 10 says: "A defendant shall file an answer with the clerk of the court within thirty (30) days after the service of the claim form upon the defendant." You also mail a copy of the answer to the plaintiff. The Attorney General's guide notes that in some cases a defendant can respond by appearing at the hearing, but it recommends filing in writing.

Counterclaim. If the plaintiff owes you money from the same dispute, you assert that claim for affirmative relief in your answer, on the form Rule 10(c) provides. If a compulsory counterclaim (one arising from the same dispute) or a set-off would take the case over the court's limit, the court transfers the whole case to circuit court; a permissive counterclaim over the limit is disregarded and the plaintiff's claim goes ahead (Ark. Dist. Ct. R. 7(c), (d)).

Default. If you do not answer or appear, the court may enter a default judgment against you, though the plaintiff must still present evidence. If the plaintiff fails to appear, the court may dismiss the case and may grant a default judgment on your counterclaim. As the Federal Trade Commission warns, "Don't ignore a lawsuit, or you might lose the chance to fight a court order." Before any default judgment, federal law requires the court to have the plaintiff file an affidavit stating whether the defendant is in military service (50 U.S.C. § 3931).

To undo a default judgment, file a motion with the district court under Arkansas Rule of Civil Procedure 55(c), which District Court Rule 1(c) applies in district court where applicable. The court can set a default aside for mistake, inadvertence, surprise or excusable neglect, a void judgment, fraud or misconduct by the other side, or another reason justifying relief, and you must show a meritorious defense unless the judgment is void. A post-judgment motion does not extend the 30-day appeal deadline below, so act quickly.

The hearing

Rule 10 says: "Actions in the small claims division of district court shall be tried informally before the court with relaxed rules of evidence." The district judge hears the case without the formal procedures of a regular trial. You can bring witnesses, and the clerk can issue subpoenas to make a witness attend.

Bring the contract, receipts, repair estimates, photos, texts and emails, with copies for the judge and the other side. Because there is no discovery before trial, everything you want the judge to see has to come with you.

Appeals go to circuit court

Either party can appeal a small claims judgment "in the same manner as other civil appeals are taken from district courts" (Ark. Dist. Ct. R. 10(e)(6)). The appeal goes to the circuit court of the county where the district court sits.

Deadline. District Court Rule 9(a) says: "Within 30 days of the docket entry awarding judgment entered in accordance with Rule 8(c) of these rules, regardless of whether a written judgment is otherwise entered or filed, appeals in civil cases from district court to circuit court shall be filed with the clerk of the circuit court having jurisdiction of the appeal." Post-judgment motions do not extend this deadline.

How to appeal. No separate notice of appeal is needed. You file a certified copy of the district court docket sheet and a certified copy of the claim form with the circuit clerk, and you pay a new filing fee. You then have 120 days to serve the other side, or the appeal is dismissed without prejudice (Ark. Dist. Ct. R. 9).

Ask the district court clerk for the certified copies right away. If the clerk has not prepared them within 30 days of the judgment, you can still appeal by filing an affidavit with the circuit clerk within 40 days of the judgment showing that you asked and the clerk did not act (Ark. Dist. Ct. R. 9(b)(2)).

A fresh start. In circuit court the case proceeds under the Arkansas Rules of Civil Procedure as if it had been filed there originally, so both sides restate all their claims and defenses.

Stopping collection during the appeal. Filing an appeal does not by itself stop collection. A supersedeas bond under Rule 9(d) stays enforcement, and the Attorney General's guide says you may have to post a bond in the amount of the judgment.

Collecting your judgment

Winning a judgment does not guarantee payment, and the court does not collect the money for you. Rule 10 builds in a short waiting period: "Except as otherwise ordered by the court, no execution or enforcement proceedings shall issue on any judgment until after the expiration of ten (10) days from the entry thereof." There is no attachment or garnishment before judgment in the small claims division.

If the other side does not pay, the Attorney General's guide describes two main tools, and the District Court Rules add a third:

• Writ of garnishment. This orders a third party, such as an employer or a bank, to turn over the debtor's wages or account funds. The garnishee must answer within 10 days.
• Writ of execution. This directs the sheriff to seize the debtor's property.
• Lien on real estate. A district court judgment becomes a lien on the debtor's land only after you file a certified copy of it with the circuit clerk of the county where the land is located (Ark. Dist. Ct. R. 8(d)).

The winning party can recover court costs, including service and enforcement costs. Arkansas protects some wages and property from collection; see Arkansas debt collection laws for the state exemptions. Federal law also protects Social Security benefits from "execution, levy, attachment, garnishment, or other legal process" (42 U.S.C. § 407(a)) and VA benefits from creditors' claims (38 U.S.C. § 5301(a)(1)).

How long an Arkansas judgment lasts, how it is renewed and the current post-judgment interest rate are outside the sources we verified for this page. Ask the clerk or a lawyer before a judgment gets old.

Forms and court help

• The Attorney General's Guide to Small Claims Court covers the process with a checklist.
• Little Rock District Court's civil and small claims filing instructions list its fees and service options.
• The Arkansas Supreme Court's official texts of the Administrative Orders, including Administrative Order 18, and the District Court Rules, including Rule 10, set out the limit and procedure.
• Your district court clerk has the small claims forms, including the answer form a defendant files.

Related

• Small claims court by state
• Arkansas statute of limitations
• Arkansas debt collection laws
• Arkansas landlord-tenant laws
• Oklahoma small claims court
• Tennessee small claims court

Disclaimer: This article provides general legal information about the small claims division of Arkansas district courts under Arkansas Supreme Court Administrative Order 18 and the Arkansas District Court Rules, verified on 2026-10-07. It is not legal advice and does not create an attorney-client relationship. For help with your situation, contact your district court clerk, a legal aid office, or a lawyer licensed in Arkansas.

Last updated: 2026-10-07.

Frequently Asked Questions

What is the small claims limit in Arkansas?

$5,000. Under Arkansas Supreme Court Administrative Order 18, section 3, the small claims division hears contract claims up to $5,000 (not counting interest, costs and attorneys' fees) and claims to recover, or for damage to, personal property up to $5,000.

Is the Arkansas small claims limit $10,000?

No. The rule text in Administrative Order 18 sets the small claims limit at $5,000, and we found no 2025 or 2026 change. The separate $25,000 figure in section 6 applies to a regular civil docket in certain state district courts, not to small claims.

Can a lawyer represent me in Arkansas small claims court?

No. Administrative Order 18, section 4 bars any attorney from taking part. If the judge finds that an attorney represents a party, the case is transferred to the regular civil docket instead of being dismissed.

Can a business sue in Arkansas small claims court?

Only a closely held corporation may sue or be sued there, and it must be represented by an officer (AO 18, sec. 4). Collection agencies, assignees of a claim and businesses that lend money at interest cannot sue in small claims.

How much does it cost to file small claims in Arkansas?

It depends on the district court. The Attorney General's guide says filing fees typically run $30 to $65; Little Rock District Court charges $65 for a small claim under $5,000, plus a $2.50 summons fee and service costs.

How long does a defendant have to answer in Arkansas small claims?

30 days after being served with the claim form. The answer is filed with the clerk, a copy is mailed to the plaintiff, and any counterclaim goes in the answer (Ark. Dist. Ct. R. 10).

How long do I have to appeal an Arkansas small claims judgment?

30 days from the docket entry awarding judgment, and post-judgment motions do not extend it. The appeal is filed with the circuit court clerk, and the case is heard again as if it started in circuit court (Ark. Dist. Ct. R. 9).

When can I start collecting an Arkansas small claims judgment?

After 10 days from the entry of judgment, unless the court orders otherwise (Ark. Dist. Ct. R. 10). The court does not collect for you; garnishment and execution are the usual tools.