§ 19-10-208 - Complaints. - Arkansas Statutes

19-10-208. Complaints.

(a) (1) All proceedings to enforce claims under this subchapter shall be commenced by a verified complaint, of which the original and three (3) copies shall be filed with the Director of the Arkansas State Claims Commission.

(2) The party filing the claim should be designated as the claimant, and the State of Arkansas shall be designated as respondent.

(b) The complaint shall state concisely the facts upon which the claim is based and shall set forth:

(1) The address of the claimant and the claimant's attorney, if any;

(2) The time and place of the circumstances giving rise to the claim;

(3) The state department, agency, or institution in which the claim originated;

(4) The amount claimed; and

(5) All averments of fact necessary to state a cause of action against a private person or corporation.

(c) If the claim is based upon a contract or other instrument in writing, a copy shall be attached to the complaint and the copies filed with the director.

(d) (1) In the complaint the claimant shall state whether his or her claim has been presented to any state department, or officer thereof, and if so, when presented, to whom, and what action was taken thereon.

(2) The director shall further state whether he or she has received any payment on account of such claim and, if so, the amount received.

(3) (A) The director shall also state whether any other person or corporation has any absolute or contingent interest in his or her claim.

(B) If any person or corporation is interested in the claim, the claimant shall state the name and address of that person or corporation having the interest, the nature of the interest, and how and when it was acquired.

(e) If the claimant is an executor, administrator, guardian, or other representative acting under judicial appointment, a duly certified copy of the record of appointment shall be filed with the complaint.