Browse Arkansas Code titles and sections
17-24-102. Exemptions.
Arkansas Code — all titles (historical 2020) · legal_authorities
17-24-102. Exemptions.
(a) This chapter does not apply to:
(1) Regular employees of a single creditor;
(2) Banks;
(3) Trust companies;
(4) Savings and loan associations;
(5) Abstract companies doing an escrow business;
(6) Licensed real estate brokers and agents when the claims or accounts being handled by the broker or agent are related to or in connection with the broker's or agent's regular real estate business;
(7) Express and telegraph companies subject to public regulation and supervision;
(8) Attorneys at law who use their own names or the names of their law firms to collect or attempt to collect claims, accounts, bills, or other forms of indebtedness owed to them individually or as a firm;
(9)(A) Persons, firms, corporations, associations, limited liability corporations, or partnerships handling claims, accounts, or collections under an order of any court.
(B) However, child support collection agencies not operating pursuant to Title IV-D of the Social Security Act are not exempt from this chapter and shall be subject to licensure; and
(10) Any person, firm, corporation, association, limited liability corporation, or partnership that, for a valuable consideration, purchases accounts, claims, or demands of another that were not in default or delinquent at the time of acquisition and then in the purchaser's own name proceeds to assert or collect the accounts, claims, or demands.
(b) Nothing in § 17-24-301, § 17-24-309, § 17-24-401, or this subchapter with respect to licensure by the State Board of Collection Agencies or limitations of fees for collection services shall include or be applicable to attorneys at law licensed to practice in the State of Arkansas who are engaged in rendering legal services for clients in the collection of acco
Source: Arkansas Code — historical release 78 (November 6, 2020) · 17-24-102
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:17-24-102
Source file: gov.ar.code.title.17.odt
Pages: Not recorded – Not recorded
Passage SHA-256: a0f18c55f0ac60ac93b91741f078d839a8a4f1bb311d0b5166717d1587ed1114
Source location: content.xml paragraph 5936
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17-24-102. Exemptions.
(a) This chapter does not apply to:
(1) Regular employees of a single creditor;
(2) Banks;
(3) Trust companies;
(4) Savings and loan associations;
(5) Abstract companies doing an escrow business;
(6) Licensed real estate brokers and agents when the claims or accounts being handled by the broker or agent are related to or in connection with the broker's or agent's regular real estate business;
(7) Express and telegraph companies subject to public regulation and supervision;
(8) Attorneys at law who use their own names or the names of their law firms to collect or attempt to collect claims, accounts, bills, or other forms of indebtedness owed to them individually or as a firm;
(9)(A) Persons, firms, corporations, associations, limited liability corporations, or partnerships handling claims, accounts, or collections under an order of any court.
(B) However, child support collection agencies not operating pursuant to Title IV-D of the Social Security Act are not exempt from this chapter and shall be subject to licensure; and
(10) Any person, firm, corporation, association, limited liability corporation, or partnership that, for a valuable consideration, purchases accounts, claims, or demands of another that were not in default or delinquent at the time of acquisition and then in the purchaser's own name proceeds to assert or collect the accounts, claims, or demands.
(b) Nothing in § 17-24-301, § 17-24-309, § 17-24-401, or this subchapter with respect to licensure by the State Board of Collection Agencies or limitations of fees for collection services shall include or be applicable to attorneys at law licensed to practice in the State of Arkansas who are engaged in rendering legal services for clients in the collection of accounts, debts, or claims, nor shall § 17-24-301, § 17-24-309, § 17-24-401, or this subchapter amend or repeal in any way the exemptions set out in subsection (a) of this section.
(c)(1) Nothing in this chapter shall include or be applicable to the foreclosure of real property under the provisions of § 18-49-101 et seq. or § 18-50-101 et seq.
(2) Foreclosure of real property is not deemed to be debt collection as defined in the federal Fair Debt Collections Practices Act, 15 U.S.C. § 1692a(6), as in existence on January 1, 2005.
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Federal law — U.S. Code and appendices · legal_authorities
As used in this subchapter—
(1) The term “Bureau” means the Bureau of Consumer Financial Protection.
(2) The term “communication” means the conveying of information regarding a debt directly or indirectly to any person through any medium.
(3) The term “consumer” means any natural person obligated or allegedly obligated to pay any debt.
(4) The term “creditor” means any person who offers or extends credit creating a debt or to whom a debt is owed, but such term does not include any person to the extent that he receives an assignment or transfer of a debt in default solely for the purpose of facilitating collection of such debt for another.
(5) The term “debt” means any obligation or alleged obligation of a consumer to pay money arising out of a transaction in which the money, property, insurance, or services which are the subject of the transaction are primarily for personal, family, or household purposes, whether or not such obligation has been reduced to judgment.
(6) The term “debt collector” means any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the collection of any debts, or who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another. Notwithstanding the exclusion provided by clause (F) of the last sentence of this paragraph, the term includes any creditor who, in the process of collecting his own debts, uses any name other than his own which would indicate that a third person is collecting or attempting to collect such debts. For the purpose of [section 1692f(6) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1692f/6&num=0&edition=prelim), such term also includes any person
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 1692a
Stored review status: release_metadata_unconfirmed. The source passage cites 15 U.S.C. § 1692a. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 1634
TITLE 15—COMMERCE AND TRADE
§ 1691f
ized by the Board. Former subsec. (e) redesignated (d)
and amended.
Subsec. (f). Pub. L. 94–239 redesignated subsec. (g) as
(f) and inserted provisions which substituted a two year
limitation for one year limitation and provisions ex-
tending time in which to bring action under enumer-
ated conditions. Former subsec. (f) redesignated (e) and
amended.
Subsecs. (g) to (j). Pub. L. 94–239 added subsecs. (g) to
(j). Former subsec. (g) redesignated (f) and amended.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2010 AMENDMENT
Amendment by Pub. L. 111–203 effective on the des-
ignated transfer date, see section 1100H of Pub. L.
111–203, set out as a note under section 552a of Title 5,
Government Organization and Employees.
EFFECTIVE DATE OF 1976 AMENDMENT
Amendment by Pub. L. 94–239 effective Mar. 23, 1976,
see section 708 of Pub. L. 90–321, set out as an Effective
Date note under section 1691 of this title.
§ 1691f. Annual reports to Congress; contents
Each year, the Bureau and the Attorney Gen-
eral shall, respectively, make reports to the
Congress concerning the administration of their
functions under this subchapter, including such
recommendations as the Bureau and the Attor-
ney General, respectively, deem necessary or ap-
propriate. In addition, each report of the Bureau
shall include its assessment of the extent to
which compliance with the requirements of this
subchapter is being achieved, and a summary of
the enforcement actions taken by each of the
agencies assigned administrative enforcement
responsibilities under section 1691c of this title.
(Pub. L. 90–321, title VII, § 707, as added Pub. L.
94–239, § 7, Mar. 23, 1976, 90 Stat. 255; amended
Pub. L. 96–221, title VI, § 610(c),
Source: Supplied 2024 U.S. Code historical extraction · 15 U.S.C. § 1692a
Stored review status: historical_2024_not_currentness_verified. The source passage cites 15 U.S.C. § 1692a. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
17-24-301. License required.
Unless licensed by the State Board of Collection Agencies under this subchapter it is unlawful to:
(1) Engage in the collection of delinquent accounts, bills, or other forms of indebtedness;
(2) Use a fictitious name or any name other than their own in the collection of their own accounts receivable;
(3) Solicit claims for collection; or
(4) Purchase and attempt to collect delinquent accounts or bills.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 17-24-301
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 17-24-301. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
17-24-309. Collection charges — Limits.
(a) No collection agency mentioned in § 17-24-101 shall charge as a collection charge or fee an amount in excess of fifty percent (50%) of the total amount actually collected on all accounts for any one (1) client, nor more than fifty percent (50%) of the total amount actually collected on any one (1) account, nor shall a minimum charge in excess of one dollar ($1.00) be made on any partially or totally collected account.
(b) All contracts providing for a greater collection charge or fee or a greater minimum charge than provided in this section entered into between any creditor in this state and any collection agency covered by this chapter shall be void. The creditor shall have, in addition to all other remedies now or hereafter provided by law, a cause of action to recover all amounts collected by the collection agency on the creditor's account or accounts.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 17-24-309
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 17-24-309. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
17-24-401. “Long arm” jurisdiction.
Any nonresident person, partnership, association, or any foreign corporation not authorized to do business in this state whose sole business contact with this state is the soliciting of accounts in this state by mail, telephone, telegraph, or by other like means originating outside this state, or the taking or accepting for collection of any account or accounts in this state by such means, shall by such acts:
(1) Subject himself or herself to the jurisdiction of the proper courts of this state under the procedure provided in §§ 17-24-403 and 17-24-404 on any cause of action arising out of or connected with the collection of any such account or accounts;
(2) Be deemed to have consented to comply with the maximum collection charges or fees provided in § 17-24-309; and
(3) Be deemed to have consented to and designated the Secretary of State to be the true and lawful attorney of the person, partnership, association, or corporation upon whom may be served all legal process in any action, suit, or proceeding in any court by any resident of this state arising out of or connected with the collection of any such account or accounts. Such acts shall be signification of its agreement that any legal process in any court action or suit so served shall be of the same legal force and validity as personal service of process in this state upon the person, partnership, association, or corporation. Service of process shall be made upon the Secretary of State pursuant to § 17-24-403.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 17-24-401
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 17-24-401. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
18-49-101. Limitation of actions.
(a) In suits to foreclose or enforce mortgages, deeds of trust, or vendor's liens, it shall be sufficient defense that they have not been brought within the period of limitation prescribed by law for a suit on the debt or liability for the security of which they were given.
(b) When any payment is made on any existing indebtedness, before it is barred by the statute of limitations, the payment shall not operate to revive the debts or to extend the operations of the statute of limitations, with reference thereto, so far as it affects the rights of judgment lienholders and judgment creditors and third parties, unless the mortgagee, trustee, or beneficiary shall, prior to the expiration of the period of the statute of limitation, execute, acknowledge, and record a written instrument reflecting the amount and date of payments made or shall endorse a memorandum of the payment with date thereof on the margin of the record where the instrument is recorded, and the endorsement shall be attested and dated by the clerk.
(c)(1) In all cases in which an indebtedness is secured by any mortgage, deed of trust, or instrument in which a vendor's lien is retained, the mortgage, deed of trust, or vendor's lien may be enforced or foreclosed at any time within the period prescribed by law for foreclosing mortgages or deeds of trust so far as the property mentioned or described in the deed of trust, mortgage, or other instrument is concerned.
(2) However, no claim or debt against the estate of a dead person shall be probated against the estate, whether secured by mortgage, deed of trust, or instrument retaining a vendor's lien, or not, except within the time prescribed by law for probating claims against estates.
(d)(1) The holder of a vendor's li
Source: Arkansas Code — historical release 78 (November 6, 2020) · 18-49-101
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 18-49-101. This identifies an authority to review, not proof of applicability.