Arkansas Small Claims Statute of Limitations: Filing Deadlines by Claim Type
How Statutes of Limitations Work in Arkansas Small Claims
A statute of limitations is the deadline for filing a lawsuit. Miss it and the defendant can ask the judge to dismiss your case — no matter how strong your evidence is. In Arkansas small claims court, the clock starts running on the date the breach, default, or damage happened, and nothing short of actually filing the complaint with the court clerk stops it.
Sending a demand letter, negotiating a settlement, calling the clerk, or threatening to sue does not pause the clock. The case is legally commenced only when the clerk file-stamps your complaint.
Deadlines by Claim Type
Arkansas sets different limitation periods depending on the type of claim. These come from Title 16, Chapter 56 of the Arkansas Code Annotated:
| Claim Type | Deadline | Statute |
|---|---|---|
| Oral contracts and unwritten liabilities | 3 years | A.C.A. § 16-56-105(1) |
| Property damage and conversion | 3 years | A.C.A. § 16-56-105(6) |
| Unpaid rent (no written lease) | 3 years | A.C.A. § 16-56-105(2) |
| Written contracts and promissory notes | 5 years | A.C.A. § 16-56-111(a) |
| Written leases | 5 years | A.C.A. § 16-56-111(a) |
| Court judgments | 10 years | A.C.A. § 16-56-114 |
What This Means in Practice
A verbal agreement with a contractor who took your money and never came back? You have 3 years from the date they breached the agreement. If there is a signed written contract, you have 5 years.
A landlord holding your security deposit past the 60-day return window under A.C.A. § 18-16-305? The limitation period depends on whether you had a written lease (5 years) or a verbal month-to-month arrangement (3 years). The clock starts on the 61st day after you surrendered possession.
A neighbor whose tree fell on your fence last spring? That is property damage — 3 years from the date it happened.
An unpaid invoice for freelance work? If the agreement was verbal, 3 years. If you have a signed contract or written purchase order, 5 years.
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When the Clock Starts
The limitation period begins on the exact date the breach, damage, or default occurs. If the last day of the period falls on a Saturday, Sunday, or legal holiday, the deadline extends to the next business day.
A partial payment by the debtor on a written obligation can restart (toll) the limitation period for that debt. But informal promises to pay, verbal acknowledgments, or settlement discussions do not toll the clock.
Do Not Wait Until the Last Minute
Even if your statute of limitations has not run out, filing early gives you a practical advantage. Witnesses remember details. Documents are easier to find. And you need time after filing to serve the defendant within the separate 120-day service deadline under ARCP Rule 4(i).
If your limitation period is close to expiring, file first and serve second. The complaint is legally commenced when the clerk stamps it — not when the defendant receives the papers.
File Before Time Runs Out
The Arkansas Small Claims Filing Guide includes a deadline calculator so you can check your specific statute of limitations and track every deadline from filing through judgment.
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