Supreme Court of Arkansas

Linda J. Earls and Tony L. Earls, Appellants v. Harvest Credit Management Vi-B, LLC, Appellee

April 23, 20152015 Ark. LEXIS 297

Summary

The court held that a summons is defective when it states an incorrect response period for any category of defendant, even when the error does not apply to the defendant served. Because the summons failed to strictly comply with the governing procedural rules, the default judgment was reversed and the matter was remanded. Justice Hart concurred while expressing a preference for substantial compliance, and Justice Baker, joined by Justice Goodson, would have upheld the summons because the error did not concern the defendants served.