State v. West, 2014 Ark. 174

State filed an in rem forfeiture action for $7550 in United States currency, styled as State of Arkansas v. $7550 in United States Currency and Patricia West.
The money was seized from a Jonesboro residence; West’s address matched the seizure site.
West was named as a defendant in the caption of the complaint, though the action is in rem.
The State sought a warning order under Rule 4(j) after alleging unknown ownership interests and the need for publication.
Warning orders were published in the Jonesboro Sun on August 2 and 9, 2012, identifying West as a defendant.
West moved to dismiss, asserting lack of personal service within 120 days; the circuit court dismissed the action as to West.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether personal service was required on West given her captioned defendant status.	State argues caption naming suffices; action remains in rem regardless.	West contends personal jurisdiction requires proper service to defendants named in caption.	Service on West was required; service by publication did not establish jurisdiction.
Whether the warning order under Rule 4 established personal jurisdiction over West.	State argues warning order can provide jurisdiction in appropriate circumstances.	West contends she must be personally served; publication cannot substitute for service.	Warning order did not satisfy personal jurisdiction; action against West affirmed as dismissed.

State v. Wilmoth, 369 Ark. 346, 255 S.W.3d 419 (2007) (collateral considerations for in rem proceedings; Rule 4 analysis)
Solis v. State, 371 Ark. 590, 269 S.W.3d 352 (2007) (distinction between captioned defendants and summons in in rem actions)
Lyons v. Forrest City Machine Works, Inc., 301 Ark. 559, 785 S.W.2d 220 (1990) (mandatory dismissal for improper service under Rule 4(i))
Gilbreath v. Union Bank, 309 Ark. 360, 830 S.W.2d 854 (1992) (requirement of diligent inquiry for service by publication)
Nucor Corp. v. Kilman, 358 Ark. 107, 186 S.W.3d 720 (2004) (strict construction of service requirements; personal jurisdiction prerequisite)
Rose v. Harbor E., Inc., 2013 Ark. 496, S.W.3d (2013) (void ab initio when no proper service exists)