Legal Opinion
McClenahen v. McNabb
Spotsylvania County Circuit Court
Decided February 9, 2001No. Case No. CL00-390Published
1Opinion of the Court
By Judge William H. Ledbetter, Jr.
In this appeal of a garnishment proceeding, the question is whether the garnishee should be allowed to file an answer and defend.
Facts
Barry Lee McClenahen and Rebecca S. McClenahen obtained a judgment against Timothy G. McNabb in the Spotsylvania County General District Court on May 10,2000.
Thereafter, the McClenahens sought to collect on the judgment by garnishment. They filed a suggestion in garnishment in the general district court. McNabb was served. McNabb’s employer, American Automotive Tire and Service Center, Inc., was summoned as garnishee.
As for…
2Cases cited3 opinions
- Lynch v. JohnsonSupreme Court of Virginia · 1954
- Virginia National Bank v. BlofeldSupreme Court of Virginia · 1987
- Virginia Builders' Supply, Inc. v. Brooks & Co. General Contractors, Inc.Supreme Court of Virginia · 1995