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Free Letter to Stop Creditor Calls and Harassment

When the creditor harassment is too much, you can use the form below to get a free letter to send to the creditor. At-home phone calls, workplace visits, menacing letters, litigation, garnishments, and bank seizures might make your life more difficult than it needs to be.

What to do if you see discharged debts on your credit report

Have you checked your credit report recently? You may be surprised to find discharged debts still listed on your report. Discharged debts are those that you are no longer responsible for because you went through the bankruptcy process. Here’s what you can do if this happens to you. Often, these will show up on your…

Owe money for Unemployment Overpayment?

I Owe Money for Unemployment Overpayment! During times of difficulty, while we are bombarded by the stresses of keeping the lights on and food on the table, we often do not pay as much attention as we should to the forms we are completing.  This can happen when applying for unemployment.  Perhaps you were able…

How to Get Driver’s License Back After Losing It Due to Money Owed From an Accident 

How to Get Driver’s License Back After Losing It Due to Money Owed From an Accident  Accidents happen to everyone, and sometimes one accident can grow into several problems. This is especially true of car accidents. In addition to loss of the use of your car as well as the aggravation and cost of getting it repaired, you may also have to…

Is Chapter 13 bankruptcy better now?

How the CARES Act Helps Debtors in Chapter 13 Bankruptcy  The CARES Act (Coronavirus Aid, Relief, Economic Security Act) provides some assistance to consumer and bankruptcy debtors.  In addition to the federal stimulus package which will provide a one-time payment to individuals based on their income and number of dependents, funds received by individuals will…

Filing Bankruptcy without Leaving Your Home

Coronavirus and Filing Bankruptcy Even though our interactions have been restricted, you still need to be able to receive financial relief. If you have been financially struggling but want to protect the health of you and your family, we can still offer relief and protection through bankruptcy. During the coronavirus pandemic, you do not have…

How much does a car loan cost? Options in bankruptcy

How Much is that Car Loan is Really Costing?   Transportation is a Necessity   Cars have become a necessity we rely on for our everyday lives.  They are important tools for getting us to and from work, the grocery store, or doctor’s appointments.  Today, most cities are designed to accommodate car travel, making it impractical to travel by more cost-efficient means like…

What is a DSO (Domestic Support Obligation)?

What is a DSO (Domestic Support Obligation)? Section 101(14A) of the Bankruptcy Code defines a domestic support obligation as “a debt that accrues before, on, or after the date of the order for relief . . . including interest that accrues on that debt as provided under applicable non-bankruptcy law . . that is –…

Business Payday Loans and How they Work

The Small Business Ray Jones owns a small construction business, Ray’s Remodeling, LLC, which specializes in residential remodeling.  He pays his employees and buys his supplies in cash each month, incurring no trade debt.  Ray becomes sick and is hospitalized for weeks and in recovery for months.  He is not able to work and when…

Help! My tax refund is being garnished!

There are four types of debt for which the federal government will withhold your tax refund or send it to one of your creditors. These debts include past-due federal taxes, state income taxes, child support payments and amounts you owe to other federal or state agencies, such as federal student loans or medical debt for state hospitals that you haven’t paid.

Property Tax Sales in Arkansas

Tax sales are a special type of foreclosure sale that are conducted by the State to recover delinquent property taxes. Buying tax delinquent property in Arkansas has become an increasingly popular investment opportunity with many investors and even some individuals looking to purchase a home because the properties typically sell for pennies on the dollar…

Over the Line: Misplaced fences, roads and other boundary disputes

Over the Line: Misplaced fences, roads and other boundary disputes There’s an old saying, “Good fences make good neighbors.” While that may be true normally, sometimes a neighbor’s fence is out of place and on your side of the property line. Encountering a boundary dispute with an adjacent neighbor is a fairly common issue for…

Someone Placed A Lien on My Property, What Can I Do?

Having a lien placed on your property can be detrimental to the title of the property. A Materialman’s or Mechanics lien will “cloud the title” of the property. This means that the lien will appear in public records. This also means that any lien must be paid off before you, as the homeowner, can sell,…

How Do I Serve Someone?

  “It may be the devil, and it may be the Lord, but you’re gonna have to serve somebody.” – Bob Dylan Although I think Dylan was making more of a theological statement than a legal one, it is true: At some point point in your life, you are probably going to have to serve someone….

How Do I Keep Someone Away From Me?

Uniform Partition of Heirs Property Act Explained

Our subject today is the Uniform Partition of Heirs Property Act. There, I said it. This blog exists for a few different reasons, but this is the biggest one: We want to explain how laws that you otherwise would not know or care about can make your life better. Laws are—after all—yours. You should be…

Can You Serve Someone Through Facebook?

Apparently so—at least in New York. Here’s the gist of the story from the Socially Aware blog: In a little-noticed decision, Matter of Noel v. Maria, Support Magistrate Gregory L. Gliedman—a Staten Island, New York family court official—recently permitted a father seeking to modify his child support payments to serve process on the child’s mother…

Clean Slate Project | Giving Arkansas a Fresh Start

What does it mean to get your criminal record “sealed?” Having your criminal record “sealed” (or “expunged”) is the process of having your criminal record made confidential.  If your record is sealed, the documents will be hidden from public view, but will not actually be destroyed. However, once you get a conviction sealed, you can…

What happens if I get caught with Marijuana in Arkansas? 

What happens if I get caught with Marijuana in Arkansas?  In Arkansas, possessing marijuana without a valid prescription is illegal. The possession of marijuana can range from an A- Misdemeanor all the way to a Y- Felony, depending on the amount and how it is packaged. The majority of Marijuana arrests in Arkansas will be for Class A – Misdemeanors…

Stopped at a DWI checkpoint in Arkansas?

Stopped at a DWI checkpoint in Arkansas? DWI checkpoints have their own special sets of rules for the police to play by.  Unlike a traditional traffic stop for which turns into an arrest for driving while intoxicated, a sobriety checkpoint must follow its own set of rules. How does a traditional traffic stop occur? In…

Arkansas Open Container Laws

Can I have an open container of alcohol in my vehicle while driving in Arkansas? Up until 2017, the answer was yes. But the recently passed HB 1001 changes that. Now, it is illegal for passengers to have an open alcoholic beverage while on a highway or other public road. It is legal to have…

When can police stop my car?

This is a question we are asked all the time.  When can the police stop my car? The answer is: when the police have reasonable suspicion they may stop your vehicle. What is Reasonable Suspicion? Under Terry v. Ohio, an officer may only stop a vehicle if that officer has “reasonable suspicion” that the driver…

What is a DRE Officer?

A DRE is a Drug Recognition Evaluation trained law enforcement officer. This officer has been through specific training to detect signs of intoxication for DWI Drug offenses. The DRE officer follows a DRE manual which defines a drug as follows: “any substance, which, when taken into the human body, can impair the ability of the…

One Leg Stand

The “one leg stand” is the third and final Standardized Field Sobriety Test a police officer will use on a person they have stopped for suspicion of driving while intoxicated in Arkansas. The one leg stand is broken into two parts. First is the Instruction stage. Second is the Balance and counting stage.  In the…

Field Sobriety Test: Walk and Turn

The second most performed field sobriety test in a DWI investigation is the Walk and Turn.  To fully understand this field sobriety test, you must become familiar with the phases and scoring of the test.  After you are acquainted with proper administration, you can then point to the issues which may arise during the test….

HGN Test: What You Need to Know

Many people are somewhat familiar with some of the tests that are given by police officers when they are investigating a possible DWI. The first test which comes to mind for people when they think about DWI testing is the eye test, or the Horizontal Gaze Nystagmus test. To understand the HGN test, you will…

Charged with a DUI? Here’s how a Lawyer Can Help.

It’s a mistake you probably hope to never make: driving after you’ve had one too many drinks, and getting pulled over by the police. A moment of indiscretion is sometimes all it takes to get caught driving under the influence, but if you should ever find yourself charged with DUI, its best to get yourself…

Can I be fired if I have a medical marijuana card?

Many Arkansas medical marijuana cardholders have questions about whether they can be fired. The answer is that the Arkansas Constitution protects all medical marijuana cardholders from being fired for having a medical marijuana card. However, this is increasingly an issue. Many do not understand the law. According to this article in Arkansas Business, “there were…

Can I take off from work if I or a family member gets the coronavirus?

If you or a family member have the coronavirus, there is a federal law called the Family & Medical Leave Act (FMLA)  that allows a qualified employee to take up to 12 weeks of unpaid leave within a 12-month period if they or an immediate family member requires care for a “serious health condition.” The…

What can I do as an unemployed restaurant worker during the coronavirus?

What can I do as an unemployed restaurant worker during the coronavirus? If you were a restaurant or service industry worker who is now unemployed, please first apply for unemployment assistance. You can do so here: https://www.ezarc.adws.arkansas.gov/ To be eligible, you must be: Unemployed, Physically and mentally able to perform suitable work, Available for suitable…

Should I have an attorney review my employment contract?

WH Law frequently reviews employment contracts for managers, doctors, and other professionals to ensure the contract is clear and to ensure that the contract actually provides protections. WH Law also drafts contracts for high-level employees and for small employers looking to provide contracts to their employees. In doing so, we draw on our experience litigating…

Why restaurant workers are likely owed money

The Court system makes thousands of restaurants all over the country pay back workers money the workers are owed. The U.S. Department of Labor found that in one two-year period, over eighty percent of restaurants violated labor and employment laws. (Click here to read more about that study) If you’re a restaurant employee, we’ve found…

Can caregivers or care workers be paid more?

All caregivers are owed the federal minimum wage of $7.25 an hour and an overtime payment for all hours worked over 40 in any work week, unless some very specific exemptions are met. However, many agencies or individuals are not following the law. This law firm has a lawsuit against PALCO, Inc. for back wage…

Teacher Discipline: A Guide to the Process

The process for teacher discipline is typically an issue occurs, the school administration decides to take action (this can be a write-up, suspension, or termination). If We have all heard of due process and we all want it. So, you will be glad to hear that The Due Process Clause of the Fourteenth Amendment, like…

Arkansas Board of Pharmacy Hearings

Becoming a pharmacist is hard work. It takes a lot of late nights studying pharmacology, learning how to compound, and understanding how medications work together and against each other.  It is a huge undertaking, and one that folks don’t take lightly.  As a result of all that hard work, someone who makes it through pharmacy…

Drug Tests and Your Nursing License

What Happens to My Retirement When I Die?

What Happens to My Retirement When I Die? If you are like most Americans, by the time you approach or reach retirement age, your two biggest assets are your home and your retirement account.  If you are in the process of creating an estate plan, or are beginning to think about it, you may be…

Covid-19 and Estate Planning

These are difficult and uncertain times. Coping with the Corona Virus and COVID-19 can be stressful and down right scary.  With the focus now on the health of you and your family, estate planning may be the last thing on your mind.  Even if you are wishing to create an estate plan, social distancing and…

Fear of Losing Control

My job as an estate and elder law attorney brings me into contact with people on a daily basis who have decided to begin their end-of-life planning. As a part of the initial conversation I have with clients, I usually ask what made them decide to do this planning now. After all, many of them…

How Not to Lose Your Home

In my job as an estate and elder law attorney, I speak to people who have decided to start their end of life planning on a daily basis.  As a part of the first conversation I have with these folks, I usually ask what made them decide to start planning now.  Many people live into…

Arkansas Power of Attorney Guide: Find Out How it Works!

We often deal with clients who need an estate plan, but don’t realize they need what’s called a “power of attorney” or “POA.” One of the main questions we ask when we draft estate plans is, “who do you want to take care of your money when you can’t do it yourself?” This is a…

Estate Planning and Property Deeds

One of the most important aspects of good estate planning is making sure that we have the information we need about your assets. Some estate planners in Arkansas are content simply to create a trust and leave it up to you to put your assets into it. (Otherwise known as “funding” your trust.) Estate Planning…

How to Avoid Probate (and Family Fights) Over a Bank Account

A big part of our job is helping people avoid the Arkansas probate process. One of the ways we help people avoid probate is changing information about personal bank accounts. If you die and you’re the only person on your bank account, your heirs will not be passing go or collecting any money. Instead, they’ll…

“Who Gets My Twitter When I Die?”

Here’s our second installment to celebrate 2014 National Estate Planning Awareness Week: “Who Gets My Twitter (or Facebook or Feedly or Instagram or Pinterest) When I Die.” When we think about our estate—our stuff—the stuff that’s going to be left behind when we die that someone else is going to have to sort through—we normally…

Estate Planning for a Patriarch

The concept of stewardship is at the heart of our estate planning practice here at wh Law | We Help. When someone works hard for their stuff, we like for them to be able to keep it for as long as possible. And when they can’t keep it any longer, we want to put it…

Do you know how to sign your name?

When signing a document on behalf of someone else or an entity, make sure you sign in that capacity – As an Agent.  The list is not an exhaustive list of roles agents can hold , but these examples can help you sign in any agency capacity. How to sign as an Attorney-in-fact Your loved…

Free Divorce for Valentine’s Day

Hey! It may seem a little unusual, this Valentine’s Day, we’re giving away a free uncontested divorce. No need to worry about messy paperwork or court appearances – we’ll take care of everything for you. So why wait?

What about custody during the virus?

Arkansas Child Custody During The Coronavirus  Many parents are asking questions about child visitation schedules and the Coronavirus. Below are common questions and basic guidelines. Overall, it is best to follow the court order. Remember that the judge’s duty is to consider what is in the best interest of the child (link to article) and Arkansas law wants…

Can I get primary custody if my child wants to live with me?

Can I get primary custody if my child wants to live with me? My child says he/she wants to live with me, will the Judge take that into consideration in determining which parent is awarded primary custody of our child?  Attorneys are often asked at what age can the minor child make their own decision about…

Getting a Court Date over the Holidays

We all know that holidays are a busy time for almost everyone. Gift stores, shopping malls, what have you are way busier and even open longer. Supermarkets are packed with people buying a ton of groceries for big family gatherings. Airports are at their peak season and the interstate highway system is congested with weary…

Termination of Parental Rights in Arkansas

The rights and responsibilities of parents are extremely important. They are also very much linked together. In other words, if you fail to adhere to your responsibilities and obligations as a mom or dad, such as paying child support, providing necessary care, or regularly communicating with your child, your rights may be taken away. The…

Tips on Using Social Media During Separation and Divorce

The wheels of justice may have a reputation for turning slowly but technology certainly does not. It seems at least once a month if not much more often there is a new social media app like Instagram, Facebook, Twitter, Snapchat, etc. While you may be doing a good job of monitoring your children’s Tik Tok…

How to tell when you need a family lawyer and the dangers of fighting it on your own.

When is it time to hire a family lawyer? Of course what you expect to hear from a lawyer about when you should hire them is something along the lines of “the sooner the better.” And not to upset you further – but the sooner you hire a lawyer, the better the shot is for…

When is Joint Custody Considered the Best Interest of The Child?

Clients ask us a form of this question almost every day.  Joint custody has been rare for the majority of the history of family law in Arkansas.  However, that trend is changing in many courts throughout the state. When a Judge is considering custody of children, they always look at what is in “the best…

Child Support Payments – What to Expect

You probably landed here because you’re going through a divorce, or you’re thinking about it, and you have children. If so, you’re in the right place. There are many issues surrounding child support in Arkansas and it’s important to know what your rights are. When will a court order child support payments? A court will…

Best Interest of the Child | Do Judges Get It Right?

We always feel disappointed when our clients do not get what they want in court. After pouring time and effort into a case, it can be heartbreaking. We may never feel the brunt of the disappointment like the client, but it hurts. Knowing that feeling motivates us Occasionally, we have lost cases we should have…

Free Divorce for Valentine’s Day

Hey! It may seem a little unusual, this Valentine’s Day, we’re giving away a free uncontested divorce. No need to worry about messy paperwork or court appearances – we’ll take care of everything for you. So why wait?

Do I Need to Hire an Attorney?

Top 7 Reasons you Really Need an Attorney: I can’t count the number of phone calls I have received over the years from people who begin their conversation with, “I’m not sure I need an attorney…” Not only do you probably need to hire a lawyer, you probably need an experienced lawyer. Do you always…

Over the Line: Misplaced fences, roads and other boundary disputes

Over the Line: Misplaced fences, roads and other boundary disputes There’s an old saying, “Good fences make good neighbors.” While that may be true normally, sometimes a neighbor’s fence is out of place and on your side of the property line. Encountering a boundary dispute with an adjacent neighbor is a fairly common issue for…

February 2019 Arkansas Bar Exam Results

Four Ways to Be Kind to Your Lawyer

I spent a lot of time with my grandparents as a kid. They lived in a log cabin in the county, and the only way to describe their (When I say “their,” I mean my grandmother; my grandfather probably never noticed.) decorative style was “eclectic.” This included Norman Rockwell paintings, Zane Grey books, obnoxious timepieces,…

4 (good) Christmas Ideas for a Lawyer

Whether you’re married to a lawyer, friends with a lawyer, or simply stay just close enough to a lawyer to get free legal advice, most people have a lawyer on their Christmas list. And we are not easy people to buy for. We are trained to be particular—particular about evidence, particular about words, particular about time—which…

What Should I Wear to Court?

I am usually in court a few times per week. It happens so often that I don’t really tend to think much about what I wear to court. It’s more like a formula: Start with a boring dark suit + boring white/blue shirt + boring tie that has red in it + boring dark shoes…

3 Lessons on Life and Lawyering from My Beard

Two months doesn’t seem like enough time for much change. Unless it’s my beard. I recently entered the Root Cafe’s 4th Annual Beard-Growing Contest. There are several different categories but I chose to “shave in” and compete for the fullest beard. The competition required me to appear at the Root on December 5th cleanly shaven to…

My First Pro Bono Case

This is the second installment of my first-year lawyer “firsts.” My goal is *to deliberately set* aside some time to look back over my first year as a lawyer. I’m hoping to learn; I’m hoping to be encouraged; and I’m hoping to encourage some other folks. It has been hard and scary, but it’s been…

Understanding Bar Exam Scores

If you passed . . . If your name ends up being on the big list of those who passed the Bar Exam in Arkansas, I extend to you a hearty congratulations. Studying was hard, the test was hard, but you did it. When you get your scores in the mail on Saturday or Monday,…

What to Do When Someone Dies in Arkansas: Step-by-Step Guide

Losing a loved one is never easy. Death can happen suddenly and without warning, leaving family members and friends to deal with the aftermath of their loss. When someone you love dies in Arkansas, there are many steps that need to be taken as soon as possible after the death has occurred. This article will…

Opening a Probate for a Personal Injury, Mass Tort, or Other Lawsuit in Arkansas

We have all heard it and it is true, bad things happen to good people. Sometimes, those things involve a lawsuit after someone has passed away. When that happens there is a specific type of probate called a special administration. This type of probate is used to deal with one specific issue and not the…

Out of State Probate (AKA Ancillary Probate)

Probate is a process that nobody wants to go through. That being said, if it is handled correctly it can lower the stress and the conflict between family members. In this article, we are going to explain how the probate process works if you have to open a probate in another state first and then…

Estate Planning and Property Deeds

One of the most important aspects of good estate planning is making sure that we have the information we need about your assets. Some estate planners in Arkansas are content simply to create a trust and leave it up to you to put your assets into it. (Otherwise known as “funding” your trust.) Estate Planning…

Uniform Partition of Heirs Property Act Explained

Our subject today is the Uniform Partition of Heirs Property Act. There, I said it. This blog exists for a few different reasons, but this is the biggest one: We want to explain how laws that you otherwise would not know or care about can make your life better. Laws are—after all—yours. You should be…

How to Avoid Probate (and Family Fights) Over a Bank Account

A big part of our job is helping people avoid the Arkansas probate process. One of the ways we help people avoid probate is changing information about personal bank accounts. If you die and you’re the only person on your bank account, your heirs will not be passing go or collecting any money. Instead, they’ll…

Do you know how to sign your name?

When signing a document on behalf of someone else or an entity, make sure you sign in that capacity – As an Agent.  The list is not an exhaustive list of roles agents can hold , but these examples can help you sign in any agency capacity. How to sign as an Attorney-in-fact Your loved…

Matthew Crawley: Would his letter suffice as a Will in Arkansas?

Downton Abbey’s season premiere on Sunday night brought in more viewers than any other premiere in PBS’s history. For Downtown devotees, the episode was a little more somber than most. Perhaps this shouldn’t surprise anyone; after all, Matthew Crawley was one of the show’s most popular characters and his death was a shock to everyone….

Wills vs. Trusts

Wills A will is an instrument that determines the disposition of a decedent’s property after death. A person who executes a will is a testator. Valid wills override the intestacy statutes. A will is ambulatory, or revocable, up to the death of the testator, at which point it becomes irrevocable. A will can be revoked,…