Affordable Bail Bonds Inc. v. State
2015 Ark. App. 44
Ark. Ct. App.2015Background
- Affordable Bail Bonds posted a $75,000 bail bond for Monique Blanc on April 2, 2013, to secure her appearance on felony drug charges.
- Blanc failed to appear on April 25, 2013; the circuit court issued an order (filed April 29) directing the clerk to notify the surety to appear and show cause on August 22, 2013.
- The sheriff made an invalid attempted service on May 4, 2013; valid service on the registered agent occurred on June 3, 2013 — 39 days after Blanc’s failure to appear.
- Affordable attended the August 22, 2013 show-cause hearing, made no jurisdictional objection, and requested (and received) an extension to October 3, 2013 to locate Blanc.
- At the continued October 3 hearing Affordable first challenged personal jurisdiction based on alleged untimely service; the court denied the challenge, refused further extension, and on October 8, 2013 entered judgment forfeiting the $75,000 bond.
- On appeal Affordable argued the forfeiture judgment is void for lack of personal jurisdiction because the summons was not immediately served as required by Ark. Code Ann. § 16-84-207(b)(2)(B). The court affirmed, holding the jurisdictional objection was waived by Affordable’s earlier appearance and request for affirmative relief.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial court lacked personal jurisdiction over surety because summons was not immediately served after defendant’s failure to appear | Summons must be immediately served under §16-84-207(b)(2)(B); 39-day delay prevented timely participation in apprehension and deprived court of jurisdiction | Service occurred June 3; but in any event Affordable waived any service defect by appearing at the August 22 hearing and requesting an extension (affirmative relief) without objection | Court held Affordable waived the personal-jurisdiction objection by appearing and seeking affirmative relief at the August hearing; challenge raised Oct. 3 was too late |
Key Cases Cited
- First Ark. Bail Bonds, Inc. v. State, 373 Ark. 463, 284 S.W.3d 525 (service of process is necessary for jurisdiction)
- Vibo Corp. v. State ex rel. McDaniel, 2011 Ark. 124, 380 S.W.3d 41 (personal jurisdiction may be waived)
- Adams v. Nationsbank, 74 Ark. App. 384, 49 S.W.3d 164 (objections to sufficiency of process may be waived)
- Burrell v. Ark. Dep’t of Human Servs., 41 Ark. App. 140, 850 S.W.2d 8 (appearance without objection cures defects in process)
- Farm Bureau Mut. Ins. Co. v. Campbell, 315 Ark. 136, 865 S.W.2d 643 (seeking affirmative relief is factor indicating waiver/appearance)
- State v. Dawson, 343 Ark. 683, 38 S.W.3d 319 (distinguishing subject-matter jurisdiction from personal jurisdiction; subject-matter cannot be waived)