Legal Question in Family Law in Virginia

Due Process

If a defendant in a show cause action (after final decree)was never served the Order (personally or by posting) but the petitioner's counsel filed a return saying that service had been served through defendant's attorney (who was out of town)- would an order that could issue regarding contempt be based on extrinsic fraud? Would it be a legal duty to inform The Court of the circumstances?


Asked on 12/13/02, 10:57 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Due Process

No extrinsic fraud here, but when you appear for your court date on the show cause rule, either you or your counsel could raise the issue of possible defective service of the notice.

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Answered on 12/13/02, 11:10 pm


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