Virginia Builders' Supply, Inc. v. Brooks & Co. General Contractors, Inc.

In this creditors’ rights controversy, the question presented is whether a garnishee, after being served with the summons in garnishment, may commence arbitration with the judgment debtor while excluding the judgment creditor from the arbitration, obtain default relief against the judgment debtor, and then bind the judgment creditor to the result of the arbitration. We answer that query in the negative, and will reverse the judgment of the trial court.

The facts are undisputed. On June 29, 1993, appellant Virginia Builders’ Supply, Inc., a wholesale supplier of building materials, obtained a…