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ERIC S. MCCHESNEY, ET AL. v. STRATEGIC FUNDING SOURCE, INC.

From The Circuit Court for York County and the City of Poquoson; R. Rizk, Judge.

Roy H. Lasris (Lasris, Walsh & Curry, P.C.) for appellants.

Timothy A. Hennigan (The Nguyen Law Firm, PLC) for appellee.

RANTED APPEAL SUMMARY

Assignments of Error

1. The trial court erred in ruling that a creditor stands in the exact shoes of a debtor irrespective of tenants by the entirety interests and statutory protections of non-debtor parties.

2. It was error for the trial court to have found that the bank account maintained in Missouri was subject to the creditor's writ of fiera facia, and therefore ownership analysis under Virginia law, merely because the parent bank was successfully served in Virginia with a garnishment order.

3. It was error for the trial court to have determined that the garnished bank account was subject to creditor process when the account was 'domiciled' and presumptively owned by Appellants as tenants by the entirety, in Missouri.

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McChesney v. Strategic Funding Source, Inc.
(Jun 1, 2021)