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State credit and debt laws

Arkansas credit and debt laws

Reviewed · 5 sources

Short answer

In Arkansas, the statute of limitations on written contracts is 5 years. That clock limits lawsuits, not credit reporting: under federal law, most negative items leave your credit report after 7 years no matter which state you live in.

Arkansas statute of limitations on debt

Type of debtTime limitLaw
Written contracts5 yearsArk. Code 16-56-111(a)
Oral contracts3 yearsArk. Code 16-56-105
  • Written contracts. Covers actions to enforce written obligations, duties or rights.
  • Oral contracts. Covers contracts not in writing and claims founded on any contract or liability, express or implied.

Time limits to sue vs. time on your credit report

The Arkansas deadlines above control how long a creditor or collector can win a lawsuit. They don't change how long an account stays on your credit report. The federal Fair Credit Reporting Act limits most negative items to 7 years in every state, counted from the date of first delinquency, and a payment doesn't restart that reporting clock. See how long negative items stay for both clocks side by side.

Can a payment restart the clock?

For written obligations, a partial payment or a written acknowledgment of default tolls the five-year period (Ark. Code 16-56-111(b)).

Does Arkansas limit lawsuits on old debt?

Arkansas law adds no rule of its own on suing over old debt. The federal Regulation F ban on suing or threatening to sue over time-barred debt applies.

Medical debt on credit reports in Arkansas

Arkansas has no law of its own limiting medical debt on credit reports, so the national rules decide what shows. The three bureaus leave off paid medical collections and any under $500, and an unpaid one can't appear until it is a year old.

Compare every state in medical debt laws by state.

Marriage and debt

Arkansas is not a community property state. Each spouse keeps a separate credit report, and a debt generally belongs to the people who signed for it.

Can employers check your credit?

Arkansas has no statewide law limiting employer credit checks. Federal FCRA consent and adverse action rules apply.

Do debt collectors need a Arkansas license?

Yes. Ark. Code 17-24-301 makes it unlawful to engage in collecting delinquent accounts, bills or other debts in Arkansas without a license from the State Board of Collection Agencies.

In Arkansas, complaints about debt collectors and credit reporting can go to Arkansas State Board of Collection Agencies, as well as to the Consumer Financial Protection Bureau.

More to know in Arkansas

Arkansas splits contract debt into two deadlines. A written obligation has 5 years, and an agreement that was never put in writing has 3. The Arkansas tolling rule is written into the five-year statute itself. A partial payment or a written acknowledgment of default stops the clock on a written obligation, so a small payment on an old account, or a letter or form you sign admitting you fell behind, can extend how long a collector has to sue. Arkansas licenses debt collectors through a dedicated board, the State Board of Collection Agencies, and collecting without that license is unlawful under Ark. Code 17-24-301. You can ask a collector for its Arkansas license information and report an unlicensed collector to the board. Arkansas has no state medical debt credit reporting law, so the bureaus' own medical debt policies and federal law set the rules for medical collections on Arkansas reports.

Guides that go deeper

Sources

  1. Arkansas Code 16-56-111: Actions on writings, Justia US Law
  2. Arkansas Code 16-56-105: Actions with three-year limitation, Justia US Law
  3. Arkansas Code 17-24-301: License required, Justia US Law
  4. The latest on keeping medical debt out of credit reports, National Consumer Law Center
  5. Publication 555: Community Property, Internal Revenue Service

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