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EARLS v. HARVEST CREDIT MANAGEMENT VI-B, LLC

No. CV-13-550.

2014 Ark.App. 294

LINDA J. EARLS and TONY L. EARLS, APPELLANTS, v. HARVEST CREDIT MANAGEMENT VI-B, LLC, APPELLEE.

Court of Appeals of Arkansas, Division I.

Opinion Delivered May 7, 2014.

Attorney(s) appearing for the Case

Crawley, DeLoache & Hargis, PLLC, by: Joel G. Hargis; and The Cruz Law Firm, PLC, by: Kathy A Cruz, for appellants.

Hosto & Buchan, P.L.L.C., by: Travis A. Gray and Brien Saputo, for appellee.

RHONDA K. WOOD, Judge.

Under the Arkansas Rules of Civil Procedure, a summons must include the correct time period for a defendant to respond to the complaint. This is a strict requirement, and parties must comply with it exactly. Here, Harvest Credit Management served Linda and Tony Earls ("Earls")1 with a summons that incorrectly stated the time to respond for an incarcerated defendant and obtained a default judgment. We hold that this...

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