Arkansas

Property Records Civil Court Records Criminal Court Records Collection Agency Laws & Licensing Requirements Collection Agencies must follow the licensing requirements are prescribed under the Arkansas Collection Agency Act - [ARK. C.17-24-101, et seq.]. This Act states, any person, partnership, association, or corporation who wish to conduct a collection agency or engage within the State of Arkansas in the business of collecting claims for others, or of soliciting the right to collect or receive payment for any other person of any claim or advertise, either in print, by letter, in person or otherwise, must obtain a license from the State Board of Collection Agencies. The Collection Agency must provide a bond in an amount not less than $5,000 and not more than $25 Thousand dollars depending on the number of collectors employed by the collection Agency. [17-24-306.] More information regarding licensing can be obtained from: The State of Arkansas State Board of Collection Agencies 523 South Louisiana Suite 460 Little Rock, Arkansas 72201 Phone: (501) 376-9814 Peggy Matson (501) 371-1435 pmatson1@swbell.net Cindye Schoof (501) 371-3490 cschoof@swbell.net Arkansas Code & Statutes (State laws governing Debt Collectors) Collection Agency Penalties For No License Attorney General Office Helps Consumers With Debt Collection Violations In Many Cases Arkansas Attorney Bar Locate an Attorney who practices in Arkansas, State laws, and Links Interest Rate(s): Legal 6% or 5 points above the Federal Discount Rate - Judgment Contract Rate or 10% per annum whichever is greater. Debt Collection Statute of Limitations: Open Acct. 3 Years - Written Contract 5 Years (partial payment will stop the statute from running) - Sale of goods (UCC-2 - 4) - Domestic Judgments 10 Years Renewable - Foreign Judgments 10 Years Bad Check Laws & Civil Penalty: Twice the amount of the check. Prior to double charge can start out with $15.00 charge per NSF after 30 days. Theft Of Service. Forgery & Fraudulent Practices A Prosecuting Attorney May Collect A Fee. Arkansas Hot Check Law. - 5-37-302 - 5-37-306 Knowingly Issuing A Hot Check. Debt Adjusters Debt Adjusting Definitions. Debt Adjusting Prohibition Debt Adjusting - Injunction Against Operation - Receivership Debt Adjusting -Penalties Debt Adjusting Law - Exclusions Search The Code Garnishment & General Exemptions: $500.00 Head of family. $200.00 Single. Includes personal property except clothing. Homestead Exemptions: 40 acres plus home in city 80 acres plus home in country. Federal Laws: Arkansas Collection Agencies Must Follow the Federal Fair Debt Collection Practices Act The Federal Debt Collection Law is enforced by The Federal Trade Commission Summary: Bond Required $10,000 to $25,000, License and registration required to solicit and/or collect, Some Regulation, Required to register Collector name, Restrictions: Collector must attempt to contact at home first before contact at Place Of Employment, Restrictions also apply to creditors. Other Credit and Collection Links The major laws that govern financial institutions and protect individuals in their financial dealings are: Consumer Credit Protection Act It is the purpose of this title to assure a meaningful disclosure of credit terms so that the consumer will be able to compare more readily the various credit terms available to him and avoid the uninformed use of credit, and to protect the consumer against inaccurate and unfair credit billing and credit card practices. Truth in Lending Act Consumer Credit Costs Disclosures, requires a lender to tell you how much it will cost to borrow money so that you can compare the terms of credit offered by different lenders. Fair Credit and Charge Card Disclosure Act requires a lender offering you a credit card to tell you the annual percentage rate (APR), the amount of any annual fee, and whether you have a grace period to pay your bill before a finance charge is added. Fair Credit Reporting Act controls how your credit history (how you pay your bills) is kept by credit bureaus and used by lenders. Equal Credit Opportunity Act prohibits lenders from discriminating against you in a credit transaction on the basis of certain personal characteristics such as race, color, religion, national origin, sex, marital status, age, because you receive public assistance or because you’ve exercised your rights under the Consumer Credit Protection Act. Fair Debt Collection Practices Act lays out the rules a debt collector must follow when trying to collect a debt from a consumer. Home Equity Loan Consumer Protection Act requires a lender to give you complete information about the home equity loan plan it offers—first when you receive an application and again before you first use the line of credit. The Home Ownership and Equity Protection Act requires disclosures and imposes substantive limitations on mortgage transactions having rates or fees above a certain percentage or amount. It also requires disclosures about the potential costs for reverse mortgages. Fair Housing Act prohibits lenders from discriminating against you in real estate mortgage or home improvement loans on the basis of race, color, religion, national origin, sex, familial status, or handicap. Real Estate Settlement Procedures Act states that lenders must give purchasers information about the costs required to close a mortgage loan. It also protects consumers from unnecessarily high real estate settlement costs by prohibiting certain business practices. This applies when you take out or refinance a loan secured by real estate such as a mortgage loan or a home equity loan. Fair Credit Billing Act requires that a lender promptly correct a mistake on your credit card bill. Expedited Funds Availability Act limits how long a bank may delay your use of the funds you deposit in an account. Truth in Savings Act requires lenders to disclose the terms of their deposit accounts in a uniform way. Electronic Fund Transfer Act limits an individual’s liability if their ATM card is lost or stolen and calls for investigation and correction of errors made to your account. Consumer Leasing Act requires the costs and the terms of a consumer lease, such as a lease for a car or for furniture, be outlined to you so that you can compare the cost of leasing. Credit and Collection Links Comptroller of the Currency Office of the Ombudsman Customer Assistance Unit 1301 McKinney Street Suite 3710 Houston, TX 77010 1 (800) 613-6743     (regulates banks with national in the name or N.A. after the name) Federal Deposit Insurance Corporation Compliance and Consumer Affairs 550 17th Street, N.W. Washington, DC 20429 (202) 942-3100 or 1 (800) 934-3342     (regulates state chartered banks that are not members of the Federal Reserve System) Office of Thrift Supervision Consumer Programs 1700 G Street, N.W. Washington, DC 20552 (202) 906-6237 or 1 (800) 842-6929     (regulates federal savings and loans and federal savings banks) National Credit Union Administration Office of Public and Congressional Affairs 1775 Duke Street Alexandria, VA 22314-3428 (703) 518-6330     (regulates federally chartered credit unions) Federal Trade Commission Consumer Response Center 6th and Pennsylvania, N.W. Washington, DC 20580 877-FTC-HELP – toll free (877-382-4357)     (regulates finance companies, stores, auto dealers, mortgage companies, and credit     bureaus) More Credit and Collection Links LawDog State Credit and Collection Laws Laws about, Autos, Checks, Credit, Courts, Judgments, Secured Debts, UCC, Credit Terms and Use, Bankruptcy Courts, Collections and State Agencies/Organizations. Open Directory Project Links Yahoo Search Consumer Rights & Protections YBLost - Google Deep Search Arkansas Debt Collection Laws THIS IS FOR MY PERSONAL INFORMATIONAL PURPOSES ONLY. The information here may not be complete and it is not to be construed as legal advise or opinion. This Is Not A Complete List Of All The Laws Relating To These Subjects. The information provided is not to be considered legal advice, Always discuss matters relating to such and seek advise from your legal advisor or a legal professional. We do not Guarantee or Warranty any information contained in and/or linked to any of our web sites, and we assume no responsibility for the use of such. Please let us know of any incorrect information right away so we can investigate and correct any errors.

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