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Joshua Q. Mostyn

Joshua Q. Mostyn

  • Business Law, Divorce, Family Law ...
  • Arkansas, Texas
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Biography

Josh oversees a variety of practice areas at the firm, including Business Law/Commercial Litigation, Real Estate, Estate Planning, Probate, and Personal Injury. The firm offers additional services in the areas of Family Law, Custody/Divorce, Criminal Defense, and Guardianship/Adoptions, as well as other legal services.

Mostyn represents many small business clients as their "Outside General Counsel" and manages an array of legal issues for small and medium sized companies.

Josh is licensed to practice in both state and federal court in Arkansas, and is also licensed to practice law in Texas. He is a past President of the Benton County Bar Association and former Vice Chair of the Arkansas Advisory Committee to the U.S. Commission on Civil Rights, a four-year appointment.

Practice Areas
Business Law
Business Contracts, Business Dissolution, Business Formation, Business Litigation, Mergers & Acquisitions, Partnership & Shareholder Disputes
Divorce
Collaborative Law, Contested Divorce, Military Divorce, Property Division, Same Sex Divorce, Spousal Support & Alimony, Uncontested Divorce
Family Law
Adoption, Child Custody, Child Support, Father's Rights, Guardianship & Conservatorship, Paternity, Prenups & Marital Agreements, Restraining Orders, Same Sex Family Law
Landlord Tenant
Evictions, Housing Discrimination, Landlord Rights
Personal Injury
Car Accidents, Construction Accidents, Motorcycle Accidents, Premises Liability, Truck Accidents, Wrongful Death
Probate
Probate Administration, Probate Litigation, Will Contests
Criminal Law
Criminal Appeals, Drug Crimes, Expungement, Fraud, Gun Crimes, Internet Crimes, Sex Crimes, Theft, Violent Crimes
Fees
  • Free Consultation
  • Credit Cards Accepted
  • Contingent Fees
Jurisdictions Admitted to Practice
Arkansas
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Texas
State Bar of Texas
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U.S. District Court Eastern District of Arkansas
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U.S. District Court Western District of Arkansas
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Languages
  • English
Professional Experience
Principal Broker
Blackacre Real Estate, LLC
- Current
Partner
Mostyn Prettyman, PLLC
- Current
Adjunct Professor
NorthWest Arkansas Community College Part-time
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Legislative Extern
U.S. House of Representatives
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Education
University of Arkansas School of Law
J.D.
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Honors: cum laude
Activities: Federalist Society President, Trial Lawyers Treasurer, Environmental Law Member, International Law Member
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University of North Texas
B.B.A. | Finance
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Awards
Rising Star
Superlawyers
Selected to SuperLawyers Rising Stars: each year since 2017
Bar Association of the Year
Arkansas Bar Association
Received the award as Benton County Bar Association President.
TC & Rosemary Carlson Memorial Award
University of Arkansas School of Law
For Excellence in the Study of Constitutional Law
Pupil Award
W.B. Putman American Inn of Court
Forty Under 40
NWA Business Journal
https://talkbusiness.net/2008/01/profile-2008-joshua-q-mostyn/ https://talkbusiness.net/2018/07/then-now-josh-mostyn-takes-advice-from-dying-mom-to-heart/
Professional Associations
Equal Access to Justice Panel
Legal Aid of Arkansas
Current
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U.S. Commission on Civil Rights
Arkansas Advisory Council
- Current
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Benton County Bar Association
Member
- Current
Activities: Vice President, 2016 - Present; Treasurer, 2015 - 2016
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Washington County Bar Association
Member
- Current
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American Bar Association
Member
- Current
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Arkansas Bar Association
Member
- Current
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Northwest Arkansas Young Professionals
Founder
- Current
Activities: Founded NWAYP.org, a non-profit serving young professionals,community businesses, and charitable organizations in Northwest Arkansas.
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U.S. Commission on Civil Rights
Vice Chair, Arkansas Advisory Committee
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U.S. Commission on Civil Rights
Vice Chair, Arkansas Advisory Committee
-
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Federalist Society Lawyers (Northwest Arkansas)
President
-
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Arkansas Trial Lawyers Association (University of Arkansas)
Treasurer
-
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Federalist Society (University of Arkansas)
President
-
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Publications
Articles & Publications
What Judges Want
Arkansas Bar Association
Watertown - Fourth Amendment Exceptions
YLS In Brief - Arkansas Bar Association
Speaking Engagements
Adjunct Professor, Business Law
Northwest Arkansas Community College
Certifications
Principal Broker
Arkansas Real Estate Commission
Certified Civil Mediator
Arkansas Alternative Dispute Resolution Commission
Websites & Blogs
Website
arklawyers.com
Legal Answers
4 Questions Answered
Q. How long can an arson case be reopened after a 'no process' ruling in Arkansas?
A: If your son was charged criminally for arson, and then the prosecutor "nolle prossed" those charges, then the State has 1 year to refile the arson charges against him. The statute of limitations runs for 1 year from the filing of the nolle pros (not from the date of the incident). The statute of limitations governs how long the State has to issue the initial arrest warrant and charge someone for the alleged crime from the date of the incident.

Civil liability will generally run for 3 years from the date of the damage (for torts). If your son was also a policyholder, perhaps 5 (for breach of a written contract).
Q. Are window screens required in Arkansas rental properties to ensure habitability?
A: I disagree with a previous response from a California attorney. We just don't do things like that 'round here.

Unless the landlord has 4 or more rental units, if you're leasing a single family residence in Arkansas, your lease DOES NOT imply habitability. Unless it is explicit in your lease, your landlord is not responsible for the maintenance or provision of window screens.

DO NOT withhold rent, as you will be in material breach of the lease and could face eviction!
Q. Is the gain in value of a pre-marital 401k marital property in Arkansas divorce?
A: No, the earnings in the pre-marital 401k are not considered for the purpose of property division. Caviat: the Court can still thoretically reach it for equitable purposes if warranted (like, hypothetically, if you took $5 million from the joint checking account and secretly moved it to Geneva, you could be ordered to repay with 401k funds).

P.S. Congratulations! :)
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Contact & Map
Mostyn Prettyman, PLLC
2601 N. Walton Blvd.
Suite MP
Bentonville, AR 72712
US
Telephone: (479) 464-4529
Fax: (855) 397-2783
Monday: 8 AM - 5 PM
Tuesday: 8 AM - 5 PM
Wednesday: 8 AM - 5 PM
Thursday: 8 AM - 5 PM
Friday: 8 AM - 5 PM
Saturday: Closed
Sunday: Closed (Today)
Notice: To schedule an appointment, just give us a call. 479-464-4529 Video chat available.