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Writer's pictureDennis McCaslin

Mayor-elect of Alma files motion to dismiss $35, 624.91 judgement on a technicality





The attorney for the mayor-elect of Alma filed a motion on Wednesday to set aside a Crawford County court judgement in the amount of $35,264.91 that was awarded to American Express on November 1, 2018 for an unpaid debt.

You can read the original lawsuit by clicking HERE.

You can read the judgement by clicking HERE.

You can read the motion to dismiss by clicking HERE.

Attorney Matthew J. Kethum filed an entry of appearance and a motion to dismiss simultaneously on Wednesday, basing the motion to set aside the judgement because "the Plaintiff did not perfect service on the Defendant With the Motion Default Judgement as required by Rule 4 of the Arkansas Rules for Civil Procedure".

The judgement was set forth in the case when Austin, who was recently elected mayor of Alma in a run-off election, failed to appear for a court case concerning the lawsuit Attorney Hayden L. Lovelace of Bentonville, acting on behalf of American Express, filed the lawsuit saying Martin had been "properly served by a process server on June 3, 2018 and failed to respond".

The case is currently listed as "closed" on Arkansas Court Connectbecause of the judgement that was handed down by Judge Mike Medlock.

An Alma-based website ("The Alma Review") reported on Tuesday that Martin has extensive allegations of a criminal background in Oklahoma including "making a false declaration of ownership to a pawnbroker, obtaining money or property by means of a false or bogus, driving while drivers license suspended and domestic violence against women."

Today in Fort Smith is currently undergoing research in Oklahoma concerning accusations about Martin's alleged criminal activities. The list on Arkansas Court Connect concerning the American Express lawsuit is the only one that links to the mayor-elect.



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