Credit and Debit Card Processing Fees and the FDCPA

Credit and Debit Card Processing Fees and the FDCPA. Recent legal trends in consumer protection are causing Arkansas creditors and debt collectors to reevaluate collection practices. The recent litigation of claims brought under the Fair Debt Collection Practices Act (“FDCPA”) in other states has provided both clarity and a warning shot to debt collectors with regard to the collection or attempts to collect pass Read More

Life Estates in Estate Planning

Life Estates in Estate Planning. Did you know that there is a way to transfer your home to your kids now, but hold on to your right to live in your house until you pass away? A Life Estate is an express right to possess and/or use real property for the remainder of your life and it can be a great tool to ensure your land or home go to the right people after you are gone. For example, if you know you want your Read More

Arkansas Custody Basics

Arkansas Custody Basics Arkansas law is clear that an award of child custody is determined by the best interest of the child. Whether it is an initial custody determination or a change of custody, case law states that judges are required to set aside presumptions that daughters should be raised by the mothers or sons should be raised by their fathers. Arkansas has even removed the presumption that young children Read More

The Importance of Powers of Attorney

Powers of Attorney: Inexpensive and Important Powers of Attorney are, perhaps, the most inexpensive yet vital legal document you can have drawn up during your lifetime. With this one easy step, you can save your friends and family from the long, expensive, drawn-out process of filing for a guardianship with the courts if you become unable to take care of yourself through an illness or accident. A power of attorney Read More

Arkansas Child Support Calculations

Child Support in Arkansas – An Explanation One of the most ask questions any family law attorney will be asked is how much child support is owed. In Arkansas, that question is largely controlled by Administrative Order Number 10 (“Admin. Order 10”). Through Admin. Order 10, the Arkansas courts have established guidelines and procedures for defining income and calculating appropriate child support payments. These Read More

Arkansas Probate, Intestate Succession, and Wills

Arkansas Probate, Intestate Succession, and Wills Each and every state has a set of laws that control the transfer of a person’s property after he or she dies. Probate is the judicial proceedings which must typically take place in order to ensure that a person’s debts are paid and his or her heirs take legal title to whatever property is left over. Most of us are at least vaguely familiar with the concept of Read More

Planning for Divorce? How to Get Your Fair Share

Planning for Divorce? How to Get Your Fair Share Nobody gets married thinking they will end up divorced, but if you feel things are heading in that direction there are steps you can take now to protect yourself. 1. You may need to start building credit in your own name. After the divorce, you may find yourself needing to borrow money to buy a home or a car. You will need good credit to obtain the financing. Read More

New Ruling Impacts Out-of-State Creditors

  New Ruling Impacts Out-of-State Creditors               On September 11, 2014, the Arkansas Supreme Court ruled that out-of-state collection agencies were required to become licensed in Arkansas before they could attempt to collect debts in Arkansas. HSBC Bank Nevada, N.A. retained Cavalry SPV I, LLC to collect an account owed to it in Arkansas. Cavalry was not licensed in Arkansas as a collection agency. Cavalry Read More

Where there is a Will . . .

Where there is a Will . . . Nobody likes to dwell on the morbid, but despite what Bob Dylan or Alphaville sing, we won’t stay forever young; and when we die, the courts will have to get involved in some capacity to determine who gets our property (or Estate). For those of us who never got around to creating a Will, the court determines who gets the property in our Estate. More than that, the court can determine who Read More

Can you trust your Trust?

Can you trust your Trust? Recently, the Arkansas Supreme Court delivered an opinion which may change how you set up your wills and trusts. In re Estate of Thompson, published on May 22, 2014, holds that a trust which was created in order to deprive a spouse of marital property remains part of the deceased’s probate estate and is subject to that spouse’s right to elect against a will. In Thompson, a multi-million Read More