SMALL CLAIMS COMPLAINT
Arkansas District Court – Small Claims Division
[COUNTY NAME] County, Arkansas
| Plaintiff(s): | [PLAINTIFF FULL LEGAL NAME(S)] |
| Address: | [STREET ADDRESS, CITY, STATE, ZIP] |
| Telephone: | [PHONE] |
| Email: | [EMAIL] |
| v. | |
| Defendant(s): | [DEFENDANT FULL LEGAL NAME(S)] |
| Address: | [STREET ADDRESS, CITY, STATE, ZIP] |
| Telephone: | [PHONE] |
| Email: | [EMAIL] |
Case No.: _____
COMPLAINT FOR MONEY DAMAGES
[// GUIDANCE: Insert the Clerk-assigned Small Claims docket number once filed.]
TABLE OF CONTENTS
- Definitions
- Jurisdiction & Venue
- Statement of Facts
- Cause(s) of Action
- Damages Sought
- Prayer for Relief
- Verification
- Certificate of Service
- Notice Regarding Appeal Rights
1. DEFINITIONS
For purposes of this Complaint, the following terms have the meanings set forth below.
1.1 “Plaintiff” means each person or entity named above bringing this action.
1.2 “Defendant” means each person or entity against whom relief is sought.
1.3 “Claim” means the monetary demand asserted herein, exclusive of interest, costs, and any allowable statutory fees.
1.4 “Damages” means the dollar amount sought in Section 5, not to exceed the jurisdictional limit of the Small Claims Division under Ark. Code Ann. § 16-17-704 (2023).
[// GUIDANCE: Add any additional defined terms that may be needed for specific factual scenarios (e.g., “Contract,” “Vehicle,” “Premises”).]
2. JURISDICTION & VENUE
2.1 This action is filed in the Small Claims Division of the [COUNTY NAME] County District Court pursuant to Ark. Code Ann. § 16-17-704 (2023), which confers jurisdiction over civil matters where the amount in controversy does not exceed $5,000, exclusive of interest and costs.
2.2 The amount sought herein is $[AMOUNT NOT TO EXCEED $5,000] and therefore falls within the statutory monetary limit.
2.3 Venue is proper because the Defendant [resides / does business / the events giving rise to the claim occurred] in [COUNTY NAME] County, Arkansas.
3. STATEMENT OF FACTS
3.1 On or about [DATE], Plaintiff and Defendant entered into the following transaction/interaction: [BRIEF DESCRIPTION; e.g., “a written agreement for the sale of goods,” “an oral agreement for home repair services,” “a motor-vehicle collision”].
3.2 Plaintiff performed all obligations required of Plaintiff under any relevant agreement and/or applicable law.
3.3 Defendant has failed to [pay the agreed price / perform the contracted services / otherwise comply], resulting in monetary loss to Plaintiff.
3.4 Despite Plaintiff’s demand(s) on [DATE(S)], Defendant has refused and continues to refuse to remit payment.
[// GUIDANCE: State concise, numbered facts. Avoid legal conclusions in this section; reserve those for Section 4.]
4. CAUSE(S) OF ACTION
Plaintiff asserts the following legal theories (select or modify as appropriate):
4.1 Breach of Contract
a. A valid contract existed between the parties as set forth in ¶ 3.1.
b. Plaintiff fully performed or was excused from performance.
c. Defendant breached by failing to perform payment obligations.
d. Plaintiff suffered Damages as a direct result.
4.2 Account Stated/Open Account
a. Plaintiff rendered statements of account reflecting an agreed balance of $[AMOUNT].
b. Defendant did not dispute the statements within a reasonable time.
c. Defendant is thereby indebted to Plaintiff for said sum.
4.3 Negligence (Property Damage / Personal Injury)
a. Defendant owed Plaintiff a duty of reasonable care.
b. Defendant breached that duty by [describe negligent act].
c. The breach proximately caused Plaintiff’s Damages.
[// GUIDANCE: Delete inapplicable causes or insert others (e.g., Conversion, Unjust Enrichment). Arkansas notice-pleading standards are liberal, but provide enough detail to give Defendant fair notice.]
5. DAMAGES SOUGHT
5.1 Principal Amount: $[_]
5.2 Pre-Complaint Interest (if claim allows): $[_]
5.3 Court Costs (filing & service): $[_]
5.4 TOTAL (not to exceed $5,000): $[_]
[// GUIDANCE: Interest may accrue post-judgment per Ark. Code Ann. § 16-65-114 (do not include in jurisdictional calculation).]
6. PRAYER FOR RELIEF
WHEREFORE, Plaintiff respectfully requests that the Court enter judgment in favor of Plaintiff and against Defendant as follows:
a. For money Damages in the amount set forth in Section 5;
b. For court costs as allowed by law;
c. For post-judgment interest at the statutory rate; and
d. For such other and further relief as the Court deems just and proper.
7. VERIFICATION
I, [PLAINTIFF NAME], being first duly sworn, state under penalty of perjury that (i) I am the Plaintiff in this action, (ii) I have read the foregoing Complaint, and (iii) the facts stated therein are true and correct to the best of my knowledge, information, and belief.
Date: ____ ________
[PLAINTIFF SIGNATURE]
Subscribed and sworn before me on _ day of _, 20____.
Notary Public
My Commission Expires: _______
[// GUIDANCE: Arkansas Small Claims Division requires verification by the plaintiff. Notarization is strongly recommended but verify local clerk practice.]
8. CERTIFICATE OF SERVICE
I certify that a true and correct copy of this Complaint was served upon the Defendant(s) by [personal service / certified mail, return receipt requested] at the address stated above on the ___ day of _, 20_.
[PLAINTIFF SIGNATURE]
9. NOTICE REGARDING APPEAL RIGHTS
Any party dissatisfied with the judgment of the Small Claims Division may appeal to the Circuit Court of [COUNTY NAME] County within thirty (30) days from the date of entry of judgment. The appeal shall be de novo and governed by Ark. Code Ann. § 16-17-705 (2023).
[// GUIDANCE: Advise clients to consult the clerk immediately after judgment if they intend to appeal, as bond and filing requirements apply.]
ADDITIONAL PRACTICE NOTES
[// GUIDANCE:
1. Attorneys generally may NOT appear in Arkansas Small Claims except when representing themselves. See Ark. Code Ann. § 16-17-704(b).
2. Verify the current monetary limit (presently $5,000) before filing; the legislature periodically adjusts this figure.
3. If the claim approaches the jurisdictional ceiling, consider potential counterclaims that could push the total over the limit.
4. Corporate entities must appear through an officer or authorized employee, not outside counsel.
5. Incomplete or excessive claims risk dismissal for lack of jurisdiction. Draft conservatively to stay within the statutory cap.]