Arkansas Statutes of Limitations

[David A. Szwak]

Arkansas Statutes of Limitations

Written contracts: 5 years, NOTE: Partial payment or written acknowledgement of default stoppeds this statute of limitations. (A.C.A. 16-56-111)

Contracts not in writing: 3 years, (A.C.A. 16- 56-105)

Breach of any contract for the sale of goods covered by the UCC: 4 years, (A.C.A. 4-2- 725)

Medical debts: 2 years from date services were performed or provided or from the date of the most recent partial payment for the services, whichever is later. (A.C.A. §16-56-106)

Negligence actions: 3 years after the cause of action. (A.C.A. § 16-56-105)

[David A. Szwak]

1. Gober v. Baker,
239 Ark. 692, 393 S.W.2d 620, Ark., September 13, 1965 (NO. 3621)

...of Action 241k 127(3) k. Nature of Action in General. Amended claim against decedent's estate for balance due on open account on which payment had been made within three years of filing of original claim was not barred by three-year statute of limitation, where amended claim did not state new cause of action but related back to filing of original claim. [4] 162...


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2. Goins v. Sneed,
229 Ark. 550, 317 S.W.2d 269, Ark., October 27, 1958 (NO. 5-1596)

...To Foreclose The John Sneed Mortgages The Trial Court was of the opinion: (a) that the 3-year statute of limitation ( § 37-206, Ark.Stats ., on open accounts) applied to the indebtedness due by John Sneed to Mr. Goins; (b) that the statute continued to run after John Sneed's death, so; (c) that all items furnished more than three years before the filing of the suit (May 27, 1956) were barred by the statute of limitation. Without deciding whether the 3-year statute of limitation or the 5-year statute of limitation, Ark.Stats. § 37-213...


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3. Tolson v. Pyramid Life Ins. Co.,
221 Ark. 492, 254 S.W.2d 53, Ark., January 19, 1953 (NO. 4-9981)

...failure to reimburse assignee for moneys advanced for payment of delinquent taxes and interest, was not barred by statute of limitations as an open account, where assignee's right to reimbursement arose from terms of deed of trust signed by purchasers, and would not be barred until five years after last payment became due. [4] 266 Mortgages 266X Foreclosure by Action 266X(G) Evidence 266k 462 Weight and Sufficiency...


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4. Thomason v. Wilcox,
201 Ark. 867, 147 S.W.2d 725, Ark., February 10, 1941 (NO. 4-6198)

...and Review 241k 200 Instructions 241k 200(2) k. Acknowledgment, New Promise, and Part Payment. In action to recover on open account, wherein defendant pleaded the three-year statute of limitations and contended that check given to plaintiff within three years of filing of action, and relied on by plaintiff to arrest the running of limitations, had been given with instructions to apply it on a different account than that on which recovery was sought, instructions...


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5. Evans v. List,
193 Ark. 13, 97 S.W.2d 73, Ark., October 19, 1936 (NO. 4-4384)

...Back 241k 121 Defects as to Parties 241k 121(2) k. Amendment of Defects. Amendment to petition, in action on open account for laundry equipment, so as to join as defendant a corporation which owned and operated laundry under defendant's name, held not suit against new party, and hence cause of action against corporation was not barred by limitation where action was originally commenced within three years after installation of equipment. E. W. Brockman, of Pine Bluff, for appellant. Danaher & Danaher, of Pine Bluff, for appellees...


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6. St. Francis Val. Lumber Co. v. Orcutt,
174 Ark. 282, 295 S.W. 713, Ark., May 30, 1927 (NO. 41)

...instruction told the jury that any item in the account or any charge in the account made more than three years prior to the beginning of the suit was barred by the statute of limitations, and this would be true unless plaintiff had based his suit on a mutual open account current. In the case of McNeil v. Garland, 27 Ark. 343, this court stated: “But it is claimed by the...


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7. Reeder v. Cargill,
102 Ark. 518, 145 S.W. 223, Ark., March 04, 1912

...the following prayers for instructions, which the court refused: “No. 4. You are instructed that the three year statute of limitations on an open account does not begin to run until the accrual of the cause of action, and if you believe from the evidence...

...not begin to run until the date he secured a pardon from said sentence and the plaintiff would have three years from the date of said pardon to bring this action. “No. 5. The only way a convict sentenced to the...


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8. Phelps v. Patterson,
25 Ark. 185, 1867 WL 662, Ark., December Term 1867

...payment of the attorney's fee, or the cost. It is insisted for the appellants that Patterson's claim-which was an open account-was barred by the limitation act of three years; because, as is contended, the statute commenced running at the time of the compromise and settlement, in 1861. The court...


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9. Higgs v. Warner,
14 Ark. 192, 1853 WL 611, Ark., July Term 1853

... Supreme Court of Arkansas. HIGGS, as admr. v. WARNER. July Term, 1853. Suit by an administrator upon an open account due his intestate for services as attorney and agent: plea, limitation of 3 years: the plaintiff offered to read in evidence an account filed by the defendant in the probate court, and allowed against the estate of his intestate for debts due the defendant, the items of which were within three years next before the commencement of the suit, as evidence of a mutual open account current between the parties, under the 17th section of the statute of limitations ( Dig . 698): Held, that the account offered to be read was not evidence of a mutual open account current within the meaning of the statute. The time for closing a mutual open account current, may be stipulated between...

...52 Accounts 241k 54 Mutual Accounts 241k 54(2) k. What Constitutes Mutual Accounts. Suit by an administrator upon an open account due his intestate for services as attorney and agent: plea, limitation of 3 years: the plaintiff offered to read in evidence an account filed by the defendant in the probate court, and allowed against the estate of his intestate for debts due the defendant, the items of which were within three years next before the commencement of the suit, as evidence of a mutual open account current between the parties, under the 17th section of the statute of limitations, Dig. 698: Held, that the account offered to be read was not evidence of a mutual open account current within the meaning of the statute. 241 Limitation of Actions 241II Computation of Period of Limitation 241II(A...


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10. New Orleans, O. & G. W. R. Co. v. Lindsay,
71 U.S. 650, 1866 WL 9476, 18 L.Ed. 328, 4 Wall. 650, U.S.La., December Term 1866

...contract had been performed; claimed damages by way of ‘re-convention,’ and ‘pleaded the prescription of one year and three years;’ that is to say, set up, in argument, the bar of limitation of one year, under article 3499 of the Civil Code , which prescribes, that actions ‘for the payment of the freight of ships and other vessels are prescribed by one year;’ and the limitation of three years, to which an act of the Louisiana legislature limits actions upon open accounts. The court found, on a submission of the case to them, in accordance with the Louisiana practice, that a large...


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11. McLean v. Meek,
59 U.S. 16, 18 How. 16, 1855 WL 8221, 15 L.Ed. 277, U.S.Miss., December Term 1855

...evidence of the demand, as alleged, and which we do not doubt exists, yet it is only evidence of an open account existing at the time of Joseph Meek's death, in 1838, and therefore subject to be barred by the act of limitations in Mississippi barring such claims, if suit is not brought to enforce them within three years next after the cause of action accrued. The answers of the administrator and heirs of Joseph Meek rely on the...


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