James E Hensley Jr

Formerly a Cop and Judge. Decades in the legal community. Personally available to all clients from 7 a.m. to 10 p.m. It costs you nothing to talk for a bit and see how we might help you.

• Free Consultation
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• Contingent Fees

Arkansas

Since 1999

8th Circuit

Since 1999

U.S. Supreme Court

Since 2004

Arkansas Bar Association

1999 - Current

William H. Bowen School of Law

J.D. (1998) | Law & Counseling

1996 - 1998

Q. I am be sued by a woman in Cleburne County for 20k of horse boarding. She took my horse from Wi without my permission,

April 15, 2021

A: Get a lawyer who will answer your calls even on weekends. You will probably owe her some money and she wants to keep the horse instead of taking payment. My cousin is one of the top trainers in the mid-south. Her fee is $375 per month per horse. That would come to around $9,000 in your case. Since there was no contract between you and the Plaintiff, the Court will most likely "impute" that a contract exists. That means the Court will do justice. I figure the Court will say that this lady agreed to take care of the horse for a reasonable time such as a few months or so. The Court will then say that you owe her some money for taking care of the horse without payment. Most of the time these cases are settled between the parties. The lawyers work someone out where both parties can agree. In fact there are mediators who the Court might appoint to assist.

In any event, there is a lot going on and you need an attorney. Your lawyer will need to see the papers that were served. You only have 30 days to respond. There are many great attorneys on here. Expect legal fees of $2000 to $4000. Good luck. ... Read More

Q. In a divorce can both parties give custody of a minor to a third party? minor does not live with either parent

March 8, 2021

A: It's called a guardianship and does require a Court action. You will do the divorce AND guardianship at the same time. Many Judges prefer two different actions. There is a lot going on in a guardianship. Many guardianships turn into adoption at some time. Parents often let the guardian (you) do all the heavy lifting for several years and once the guardian wants to adopt, things turn very ugly. What you want is a guardianship. It is temporary and sometimes it will break your heart when the parents get off drugs or alcohol and want the child returned. But it often turns into an adoption that is granted since the parents are unable to care for their children.

You will need an attorney to guide you through the guardianship proceedings and even into the adoption. Make sure you keep all the records. Call around. In the central Arkansas area fees will be $3500 to $7500 depending on how much detail you need. Make sure you have your attorney's cell phone and can get help on the weekend. That's when all the trouble happens and you want an attorney available.

Many attorneys will say that they can't do anything on the weekend because the Courts are closed. Don't be fooled. While it is true that the Courts are closed on the weekend, Judges will sign an emergency order when necessary. And even if the Court is unable to sign an order, lawyers can file over the weekend and send the order to the Judge who may be able to enter the order.

Guardianship is wonderful. Expect to adopt the children. There are great attorneys on this list serve. Call a few of them. I have worked with many of them and would send my family to them. Good luck and God Bless you for rescuing children. ... Read More

Q. Is there a way I can address ta bench warrant/writ of bodily attachment without going to jail?

March 8, 2021

A: It sounds like you have done well for yourself. Thanks for reaching out. The answer is yes but with a caveat that many Judges make you show up to have the warrant served on you. We need to know the charges and where the case is located. For instance, if you have misdemeanor charges in Conway, there is a good chance your lawyer can have you show up at court and finalize everything. It is unlikely you would have to go to jail even for one night.

Felony charges in Pulaski County would require that you show up the night before court. The next day you would see a Judge where bond would be set and you should be able to leave that same day having spent only one night in jail.

In fact, it is possible that the charges might be dismissed since it has been so long and witnesses may not be available.

In any event, you will need an attorney for this. Costs will be around $2500 to $6000. A bit more for a jury trial which is unlikely. Get an attorney who will give you his cell phone and you can call on the weekends. You will need a lawyer to show you how to navigate the court system.

Good luck and God Bless. ... Read More