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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 35816
Experience:  16 years real estate, Realtor. Landlord 26 years
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I have renter left and unpaid rent of $7000.00 How do I proceed

Customer Question

I have renter left and unpaid rent of $7000.00 How do I proceed to collect the past due rent in Arkansas and what forms do it need to submit to the civil court for a law suit for unpaid rent? Thanks for your assistance.
Steven ***@******.***
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.
Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.
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If you are going to sue the tenant under a breach of contract claim for over $5,000, then you would have to sue in a higher court than small claims court and would typically want to have an attorney assist. This is because you would be held to the same standards as an attorney if you represent yourself and if you are not familiar with the procedure and formal of drafting your own complaints, admitting evidence, and making your own oral arguments in court, you could potentially lose a winning case.
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If you sued in small claims court, your limit is $5,000, but the court clerk would have the summons and complaint forms you need to file the case and you wouldn't need an attorney.
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You would file the summons and complaint, have the defendant served by the sheriff or constable, and then appear on the court date to present your case and receive your judgment.
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In the higher courts, it can take 6 months to a year to get an initial appearance before a judge due to the cases already on the docket. So filing a case in Circuit court takes much longer and there aren't generally standard template forms in the higher courts so you have to draft your own..
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thanks
Barrister
Customer: replied 1 year ago.

What complaint and summon forms I need for civil law suit unpaid rent over $5000.00 in Arkansas. I understand this law suit is not for small claim court because it's more than $5000. I was asking what forms need to submit in civil courts. I need sample for the complaint and summon forms for Arkansas. Thanks SG


***@******.***
Expert:  Barrister replied 1 year ago.
That is what I am saying...there aren't standard forms for the higher courts and you have to draft them up on your own if you are going to file in a higher court and represent yourself.
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That is what the attorneys get paid for...drafting legal pleadings and handling cases in higher courts than small claims..
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But to get the case started, you would file a Complaint and Summons with the local Circuit Court and then have copies served on the defendant by the local sheriff or constable who would then file an Affidavit of Service.
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You can see what general civil Complaint forms look like here:
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http://secure.uslegalforms.com/cgi-bin/forms/search.pl?state=AR&field=anywhere&rating=pop&query=Civil+Complaint+breach&altform=&memform=&topic=
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Or you could go to your local legal library and ask the librarian if they have sample Complaints and pleadings for a breach of contract case.
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thanks
Barrister