This Arkansas Supreme Court opinion means in all eviction lawsuits for failure to pay rent, the landlord suing must state in the very first pleading that the tenant’s interest in the property is not covered by the CARES Act. The Court actually says the plea must say ‘the premises is not a ‘covered dwelling’ under the CARES Act.” https://opinions.arcourts.gov/ark/supremecourt/en/item/470061/index.do
If the matter is covered by the CARES Act, the lawsuit can’t be filed until after July 25, 2020.
‘Covered dwellings’ are those that are part of the Violence Against Women Act housing program under Section 41411(a); or part of the rural housing voucher program under Section 542 of the Housing Act of 1949; or where there is a federally backed mortgage loan lien against the property.
Covered evictions are evictions from ‘covered dwellings’ where the reason for eviction is failure to pay. So, if someone is being evicted because they keep trying to set the apartment on fire, but their rent is paid up, that eviction would not be prohibited by the CARES Act. A lawyer would, however, still want the client to state in the pleading that the eviction is not prohibited.
So if there is no involvement of the above programs, the eviction can go on, but the eviction lawsuit nonetheless has to state the premises is not a ‘covered dwelling.’
ARCOURTS.GOV
Arkansas Judiciary
Thanks to Governor Asa Hutchinson’s proclamation, we can now assist people in preparing and executing legal documents remotely. If you or a loved one need assistance with estate planning, powers of attorney or other legal documents and you prefer not to meet in person (or are prohibited from doing so), we can help!
Call (870)741-3633. Or email office@arkansaslawpartners.com for further assistance.
We are open for our normal business hours. We can often change in-person conferences to become phone conferences if needed. We love serving our clients and hope everyone can stay well. If there is an urgent matter for an elderly person, we often make house calls. Have a great week!
We are proud to have Kirby McDonald as an associate attorney at Sprott, Golden & Bardwell. He has hit the ground running in both our Fayetteville and Harrison offices. We are also delighted to see him make time to serve others in our community. If you need legal help, call Kirby!!
Valley Springs Foundation
11 February at 20:09 ·
The Valley Springs Foundation is proud to announce our newest board member, Kirby McDonald! To say that Kirby is a fanatical Valley Springs Tiger alumnus, is putting it mildly. Any conversation you might have with Kirby will have him bringing up the fact that he proudly attended Valley Springs, K-12, graduating in 2008. While sporting the green and white, Kirby played basketball and was on the golf team. He was a member of the Quiz Bowl team, FFA, Key Club and Rapid Response. Kirby graduated from the University of Arkansas with a Bachelor of Arts, majoring in Political Science. During the fall of 2013, Kirby was accepted into the University of Arkansas School of Law. While in law school he was a member of the Civil Clinic where he represented low income clients for wage theft and in the Criminal Clinic representing low income people for criminal matters. He also helped Habitat for Humanity by writing wills for low income single mothers. After passing the Bar exam in July of 2016, Kirby accepted a position in Little Rock with the law firm of Rainwater, Holt and Sexton. Most recently, Kirby has accepted a position with Sprott, Golden and Bardwell law firm in Harrison. Kirby is over their Fayetteville office, as well as receiving clients in the Harrison office. His practice now focuses on personal injury and creditor representation. Kirby found a beautiful lady to marry this past November, Tommye Jones. They both like to hike, fish, go canoeing, and attend U of A sporting events. Kirby and Tommye have a dog, Gunther and Kevin Bacon, the cat. Kirby has said that he is very honored to be on the Valley Springs Foundation Board and looks forward to giving back to the school and community that provided him with a good start in life.
Honored to serve our many amazing clients! We happen to think our clients are the best as well! Thank you, Harrison!
https://www.youtube.com/watch?feature=share&v=SAAidm18Kl4&fbclid=IwAR0oVtdybXIaExGS4ngWI2g5VPFkbcYmGfV1Raeb7o2YiLIHbE0RTmeXdbo&app=desktop
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I Have A Dream - American Sign Language (ASL) Style
Thank you, Harrison! It’s an honor to serve the best clients around. Thank you for trusting us with your legal needs.
New year! New pics!
We love those Goblins and are so proud of how they stepped up last week! We heard that many Goblin players, parents and fans have to stay home due to Covid risks or exposure. 😞 Even during this trying time, we know our team and fans are “BUILT GOBLIN TOUGH!” And we are not going to let this get us down! The Law Firm of Sprott, Golden & Bardwell is the proud sponsor of GobTV’s live stream of this Friday’s playoff game, and we want you to feel a part of the excitement by helping you make some noise if you have to watch from home! We have a “Built Goblin Tough” cowbell for the first 100 people who come to our new location at 602 N. Pine St. in Harrison to pick it up on Wednesday, November 25th beginning at 8:00 AM. (If you know someone who would love a bell but can’t get out to get it, we invite you to pick one up for them). We will have the bells sitting on a table on our porch for easy pick up. If you need us to bring it to your car, just give us a call. Let’s show them that we are Bullt Goblin Tough and that we can still come together for a big win! We will also have another 100 bells to hand out at Friday’s game so we can make lots of noise and beat those Bulldogs! #builtgoblintough #gogobs HHS Goblins GobTV Starts Wednesday at 8AM!
Sprott, Golden & Bardwell- Harrison Office updated their business hours.
