§ 12-62-701. Title
This subchapter may be referred to as the Arkansas Soldiers’ and Airmen’s Civil Relief Act.
§ 12-62-702. Findings
(a) Soldiers and airmen of the Arkansas National Guard who are called into active military service for the State of Arkansas are ineligible for civil relief under federal law, namely, the Soldiers’ and Sailors’ Civil Relief Act of 1940, 50 U.S.C. App. § 501 et seq. (b) Relief should be provided to the soldiers and […]
§ 12-62-703. Purpose
The purpose of this subchapter is to provide civil relief to soldiers and airmen of the Arkansas National Guard who are called into the extended active military service of the State of Arkansas.
§ 12-62-704. Applicability
This subchapter and the benefits of this subchapter apply to and may be claimed by a soldier, airman, or the spouse of a soldier or airman of the Arkansas National Guard who meets one (1) of the following requirements: (1) The soldier or airman is ordered into the active military service of the State of […]
§ 12-62-705. Residential leases
When a soldier or airman is ordered to active military service of the State of Arkansas for more than one hundred eighty (180) days under § 12-62-704, the soldier or airman, or the spouse of the soldier or airman, is entitled to terminate and cancel the lease for the primary residence of the soldier, airman, […]
§ 12-62-706. Reopening default judgments
(a) A default judgment rendered in any civil action against a service member during a period of military service or within thirty (30) days after termination of the military service may be set aside if: (1) The person was prejudiced by reason of his or her military service in making a defense to the action; […]
§ 12-62-707. Stay of proceedings
(a) If at any point during an action or proceeding it appears that a plaintiff or defendant is a service member and in the conduct of the proceedings may be adversely affected by his or her military service, the court may, on its own motion, stay the proceedings. (b) The court may stay the proceedings […]
§ 12-62-708. Fines and penalties on contracts
(a) If compliance with the terms of a contract is stayed under this subchapter, a fine or penalty may not accrue by reason of failure to comply during the period of the stay. (b) If a service member has not obtained a stay and a fine or penalty is imposed for nonperformance of an obligation, […]
§ 12-62-709. Exercise of rights not to affect future financial transactions
Application by a service member in military service for, or receipt of, a stay, postponement, or suspension under this subchapter in the payment of any fine, penalty, insurance premium, or other civil obligation or liability may not be used for any of the following: (1) A determination by any lender or other person that the […]
§ 12-62-710. Stay of execution of judgment
Unless the court determines on the record that the ability of the service member to comply with the judgment or order entered or sought is not materially affected by reason of his or her military service, the court may, on its own motion, or upon application to it by the service member or another person […]
§ 12-62-711. Duration of stay
(a) Any stay of an action, proceeding, attachment, or execution ordered by any court under this subchapter may be ordered for the period of military service, plus sixty (60) days after its termination or any part of that time period. (b) Where the service member in military service is a codefendant with others, the plaintiff, […]
§ 12-62-712. Statutes of limitations affected by military service
The period of military service is not included in computing any period limited by law, rule, or order for bringing an action or proceeding in any court, board, bureau, commission, department, or other agency of government by or against any person in military service or by or against his or her heirs, executors, administrators, or […]
§ 12-62-713. Maximum rate of interest for state active military service
(a) An obligation or liability bearing interest at a rate in excess of six percent (6%) per year incurred by a service member in military service before his or her entry into state active military service may not bear interest at a rate in excess of six percent (6%) per year during any part of […]
§ 12-62-714. Eviction or distress of dependents of state active military service members
(a) (1) Except as provided in subdivision (a)(2) of this section, a landlord may not evict or take and hold property of a service member or his or her dependents for nonpayment of rent during the service member’s period of military service if the rent on the premises occupied by the service member or his […]
§ 12-62-715. Installment contracts
(a) The creditor of a service member who, before entry into military service, has entered into an installment contract for the purchase of real or personal property shall not terminate the contract or repossess the property for nonpayment or any breach occurring during military service without an order from a court of competent jurisdiction. (b) […]
§ 12-62-716. Mortgage foreclosures
(a) The creditor of a service member who, before entry into military service, has entered into a mortgage contract with the service member or his or her dependent for the purchase of real or personal property may not foreclose on the mortgage or repossess the property for nonpayment or any breach occurring during military service […]
§ 12-62-717. Application for relief
(a) A person, at any time during his or her period of military service or within sixty (60) days after discharge or termination, may apply to a court for relief in respect of any obligation or liability incurred by the person before his or her period of military service. (b) The court, after appropriate notice […]
§ 12-62-718. Storage liens
(a) (1) A person may not exercise any right to foreclose or enforce any lien for storage of household goods, furniture, or personal effects of a service member in military service during the service member’s period of military service and for sixty (60) days after termination or discharge, except upon an order previously granted by […]