§ 4-59-101 — Contracts, agreements, or promises required to be in writing - Definitions

Arkansas § 4-59-101

• Jurisdiction: Arkansas
• Title: 4

Text

(a) Unless the agreement, promise, or contract, or some memorandum or note thereof, upon which an action is brought is made in writing and signed by the party to be charged therewith, or signed by some other person properly authorized by the person sought to be charged, no action shall be brought to charge any: (1) Executor or administrator, upon any special promise, to answer for any debt or damage out of his or her own estate; (2) Person, upon any special promise, to answer for the debt, default, or miscarriage of another; (3) Person upon an agreement made in consideration of marriage; (4) Person upon any contract for the sale of lands, tenements, or hereditaments, or any interest in or concerning them; (5) Person upon any lease of lands, tenements, or hereditaments for a longer term than one (1) year; (6) Person upon a contract, promise, or agreement that is not to be performed within one (1) year from the making of the contract, promise, or agreement; or (7) Person upon a contract, promise, or agreement that results in a waiver of a right protected by the Arkansas Constitution or the United States Constitution. (b) No promise to pay a debt or obligation which has been discharged in bankruptcy shall be valid unless the promise is in writing. (c) No action may be maintained to charge any person upon any promise made after full age to pay any debt contracted during infancy, unless the promise or ratification is made by some writing signed by the party to be charged with the promise or ratification. (d) (1) No action may be maintained by or against any person or entity on any agreement to extend credit or to renew or modify existing credit in an amount greater than ten thousand dollars ($10,000) or to make any other accommodation relating to such credit, unless the agreement is in writing and is signed by the party to be charged with the agreement, or the duly authorized agent of such party. (2) For the purpose of this section: (A) "Agreement" means any agreement, contract, promise, undertaking, or commitment, or any modification thereof; and (B) "Credit" means the loaning of money, the right granted to defer payment of a debt, or to incur debt and defer its payment. (3) However, nothing in this section shall in any way limit recovery of moneys or collateral which represents or relates to credit actually extended.

Legislative History

Amended by Act 2017, No. 980,§ 3, eff. 8/1/2017. Rev. Stat., ch. 30, § 1; Rev. Stat., ch. 91, § 34; Acts 1901, No. 169, § 1, p. 322; C. & M. Dig., §§ 4862, 4863, 4869; Pope's Dig., §§ 6059, 6060, 6066; A.S.A. 1947, §§ 38-101 -- 38-103; Acts 1989, No. 530, § 1.