Collections Demand and Validation Preparation Packet - Arkansas

ARKANSAS COLLECTIONS DEMAND AND VALIDATION PREPARATION PACKET

Use Gate

Select exactly one route:

• ☐ Route A — Business or non-covered payment request. Use Sections 1-6.

• ☐ Route B — Covered federal debt collector validation notice. Complete
  Sections 1-3, then use Section 7 and the current Model Form B-1.

• ☐ Route C — No demand sent. Counsel identified bankruptcy, dispute,
  limitations, licensing, identity, documentation, communication, or other risk.

This packet does not authorize threats, credit reporting, litigation, fees,
interest, garnishment, liens, repossession, or contact with a represented or
protected person.

1. CREDITOR, COLLECTOR, AND DEBTOR PROFILE

Coverage analysis completed by: [________________________________]

Date: [__/__/____]

2. ACCOUNT RECONCILIATION

Attach the contract, invoices, delivery or performance evidence, account
ledger, payments, credits, assignments, notices, and calculations supporting
every included amount. Do not include an interest or fee line merely because a
blank appears in the table.

3. LIMITATIONS, ACCRUAL, AND TOLLING REVIEW

Section 16-56-111 states a five-year period for actions to enforce written
obligations, duties, or rights, subject to its exception, and recognizes
tolling by partial payment or written acknowledgment of default. It does not
make every account a five-year written obligation.

Do not demand payment by representing that suit is available unless counsel
confirms the claim, period, accrual event, and tolling record.

4. INTEREST AND CHARGE REVIEW

Ark. Code Ann. § 4-57-104 permits a written interest agreement only up to the
applicable Amendment 89 rate. Amendment 89 uses different classifications;
Section 3's seventeen-percent ceiling applies only to loans or contracts not
described in Sections 1 and 2. This packet states no six-percent default and no
former article-19/Federal-discount formula.

• ☐ No interest demanded
• ☐ Written contract rate of [____]% [per annum / other: __________]
• ☐ Other charge separately authorized and classified: [________________]

Counsel's Amendment 89 classification: [________________________________]

Calculation method and period: [________________________________]

Supporting writing: [________________________________]

5. ROUTE A — PAYMENT REQUEST

[CREDITOR OR COUNSEL LETTERHEAD]

Date: [__/__/____]

To: [DEBTOR NAME AND ADDRESS]

Re: [ACCOUNT / CONTRACT / INVOICE]

Dear [NAME]:

Our records reflect a current balance of $[________________] on the account
identified above. The enclosed statement itemizes the amount and identifies the
documents on which the request is based.

Please by [__/__/____]:

• ☐ Pay the current amount by [METHOD AND INSTRUCTIONS]
• ☐ Contact [NAME / TELEPHONE / E-MAIL] to discuss a documented dispute
• ☐ Propose a payment arrangement for written review
• ☐ Provide the following missing information: [________________________]

This requested response date is a demand-management date, not a representation
of a statutory cure, filing, garnishment, or limitations period.

If you believe the statement is inaccurate, identify the disputed item and
provide supporting records so the account can be reviewed.

Sincerely,

________________________________

[NAME / TITLE / ORGANIZATION]

6. ROUTE A — DELIVERY AND RESPONSE LOG

No legal action, reporting, lien, garnishment, or repossession step follows
automatically from nonresponse.

7. ROUTE B — REGULATION F VALIDATION NOTICE PREPARATION

Use this section only after counsel confirms that the person sending the notice,
the obligation, and the communication are covered. Complete and deliver the
current CFPB Model Form B-1 or a notice whose content and format counsel has
approved under current 12 C.F.R. § 1006.34.

7.1 Itemization Date

Select one permitted reference date and use it consistently:

• ☐ Last statement date
• ☐ Charge-off date
• ☐ Last payment date
• ☐ Transaction date
• ☐ Judgment date

Selected itemization date: [__/__/____]

7.2 Required Debt Information

Do not leave a required amount field blank merely because its value is zero.

7.3 Validation Period

Date validation information provided: [__/__/____]

Assumed or actual receipt date used: [__/__/____]

Validation-period end date: [__/__/____]

The notice must use the current rule or Model Form B-1 wording for:

• written disputes received on or before the stated end date and collection
  cessation until verification or a judgment copy is sent;

• written original-creditor requests received on or before that date and
  collection cessation until the required information is sent; and

• the statement that the collector will assume the debt is valid unless the
  consumer contacts it to dispute all or part by that date.

Include the current CFPB website statement when the rule requires it.

7.4 Consumer Response Area

The segregated response area must include the current prompts, including:

• ☐ I want to dispute the debt because I think this is not my debt.
• ☐ I want to dispute the debt because I think the amount is wrong.
• ☐ I want to dispute the debt for another reason: [______________________].
• ☐ I want you to send me the name and address of the original creditor.

Include the consumer's and debt collector's mailing addresses in the response
area. Add electronic response instructions when the selected delivery method
and current rule require them.

7.5 Model-Form and Delivery Check

• ☐ Current Model Form B-1 retrieved on [__/__/____]
• ☐ Content and layout compared to the completed notice
• ☐ Required language / language-access disclosures reviewed

• ☐ Communication-time, place, channel, representation, and cease-contact
  restrictions reviewed

• ☐ Delivery evidence retained

SOURCES AND REFERENCES

• Arkansas OCAR release 76 — Title 16
• Arkansas OCAR release 76 — Title 4
• Arkansas Constitution — official 2025 Secretary of State compilation
• CFPB Regulation F — 12 C.F.R. § 1006.34
• CFPB Appendix B — Model Form B-1

Verified 2026-08-25. Exact-citation bill screening found no enacted
post-release change to § 16-56-111. A 2019 fire-district Act merely referenced
§ 4-57-104; release 76's history confirms the target section remains the 2013
Amendment-89 cross-reference. Recheck the debt, parties, documents, accrual,
tolling, interest classification, bankruptcy, and federal coverage before use.