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 was defective because it misstated the response period for incarcerated defendants, even though that error did not apply to the defendants served. Applying Arkansas's strict-compliance rule for service, the court concluded that the defective summons deprived the circuit court of jurisdiction and required setting aside the default judgment. Justice Baker, dissenting, would have held that only the response time applicable to the defendants served had to be correct, while Justice Hart, concurring, agreed with the result under existing strict-compliance precedent but expressed preference for substantial compliance.