Public-domain · open source
OpenJurist

Ark. Code Ann. § 27-53-402

Failure to pay small damage claims

Applied in 4 court decisions — leading case Spires v. Russell (1989)

Most recently applied in Bateman v. Heird (September 2015)

Acts 1957, No. 283, § 1; 1981, No. 800, § 1; A.S.A. 1947, § 75-918; Acts 1987, No. 70, § 1.

How often courts cite this section

198920002010201510
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(1) In all cases wherein loss or damage occurs to property resulting from motor vehicle collision amounting to one thousand dollars ($1,000) or less, and the defendant liable, without meritorious defense, shall fail to pay the loss or damage within sixty (60) days after written notice of the claim has been received, then the defendant shall be liable to pay the person entitled thereto double the amount of the loss or damage, together with a reasonable attorney's fee, which shall not be less than two hundred fifty dollars ($250), and court costs.

(2) This liability, which is limited to damage to property, attaches when liability is denied and suit is filed.

Current official text: Arkansas General Assembly. Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Arkansas statutes; confirm against the official source for the current text. Not legal advice.