Arkansas Statute of Limitations on Debt
Arkansas separates its SOL by contract type. Most consumer debts backed by a written agreement give collectors five years to sue. Oral debts — agreements with no written documentation — expire at three years.
| Debt Type | Statute of Limitations | |---|---| | Credit card debt (open account) | 5 years | | Medical debt | 5 years | | Auto loans (written contract) | 5 years | | Personal loans (written contract) | 5 years | | Oral contracts | 3 years | | Promissory notes | 5 years |
The SOL begins running from the date of last payment or the date the account became past due. After the SOL expires, a creditor who sues you in Arkansas court has filed a time-barred lawsuit — raise that defense immediately if it happens.
Note: Under Arkansas case law, partial payment or a written acknowledgment of the debt may reset the limitation period. Seek legal counsel before taking any action on an old account.
Arkansas-Specific Consumer Protections
Arkansas does not have a state-level FDCPA equivalent, but the Arkansas Deceptive Trade Practices Act (ADTPA, Ark. Code Ann. § 4-88-101 et seq.) covers deceptive practices broadly. The Arkansas Attorney General can take action against collectors who use deceptive or unconscionable methods.
Arkansas also prohibits wage garnishment for consumer debt under most circumstances — Arkansas Constitution Article 9, Section 1 exempts wages from garnishment. This is a significant protection: even if a collector gets a judgment against you, they generally cannot garnish your wages in Arkansas. Property exemptions are also broad, protecting homestead equity and a portion of personal property.
How to File a Complaint in Arkansas
Arkansas Attorney General's Office — Consumer Protection Division
- Website: arkansasag.gov/consumer-protection
- Phone: 1-800-482-8982
- Online complaint form available; complaints can also be mailed
Federal Rights That Apply Regardless of State
Every Arkansas resident has access to these federal protections:
- Fair Credit Reporting Act (FCRA): You can dispute inaccurate items on your credit report, and bureaus must investigate within 30 days.
- Fair Debt Collection Practices Act (FDCPA): Bans abusive, deceptive, and unfair debt collection practices.
- Fair Credit Billing Act (FCBA): Protects you from billing errors on credit card accounts.
File complaints at consumerfinance.gov/complaint or ftc.gov/complaint.
Your First Action Step
Arkansas's wage garnishment protections are among the strongest in the country — but a judgment still damages your credit. If you have old collection accounts, check whether they've surpassed the five-year SOL. Request your free credit reports at annualcreditreport.com, document the original delinquency dates, and dispute any items with incorrect information in writing directly to each bureau.