Legal Opinion

2218815 Ontario, Inc. v. DanSources Technical Services, Inc.

Fairfax County Circuit Court

Decided March 1, 2011No. Case No. CL-2010-6808Published

1Opinion of the Court

By Judge Robert J. Smith

This matter is before the Court on the motion of Defendant DanSources Technical Services, Inc. (“DanSources”) to reverse and set aside default judgment and to release garnishment of fimds. After considering the oral arguments of counsel and reviewing the applicable authority, this Court finds that the default judgment against DanSources is void for lack of proper service and adequate notice. Therefore, this Court sets aside the default judgment and garnishment against DanSources.

Background

On July 26, 2010, Ontario obtained a default judgment against DanSources. Ontario…

2Cases cited8 opinions

  1. Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
  2. O'CONNELL v. BeanSupreme Court of Virginia · 2002
  3. Virginia Lime Company v. Craigsville Distributing Company, Inc.Court of Appeals for the Fourth Circuit · 1982
  4. Basile v. American Filter Service, Inc.Supreme Court of Virginia · 1986
  5. Khatchi v. Landmark Restaurant Associates, Inc.Supreme Court of Virginia · 1989

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