The URL can be used to link to this page

Home My WebLink About0332 s. , _ . _ . _ - - _ _ . _ . . . . . ~ , $ Because this reiaedy works a deprivation ~f ~lebtor's property, it must comply with the requirements of procedural due process. For more than a century the central meaning of procedural due process has been clear: "Parties ~ , whose riqhts are to be affected are entitled to be heard, and in order that they may enjoy that riqht, they must first be notified." Baldwin v. . Hale, 1 Wall. 223, 233. ~ Fuentes v. Shevin, 407 U.S. 67, 80 (1972). The United States District Court for the Middle ' District of Florida recently reviewed the statutes in question_ and held the procedure, as outlined in Chapter ~7, Florida Statutes, unconstitutional. See Buinton v. First National . Bank of Tampa, 394 F.Supp..793 (M.D. Fla. 1975). In arriving at its decision,~ the District Court relied upon the Supreme Court's decision in North Georg'ia Finishing, Inc. v. Di-Chem, Inc., 419 U.S. 601 (1975), wherein a similar Georgia pre- judgment garnishment statute was declared unconstitutional. , In North Georgia Finishing~, the Court referred to its earlier decision in Fuentes v. Slievin, supra, wherein the Florida and Pennsylvania replevin statutes were held invalid. Those . statutes permitted a secured installment seller to repossess ~ ~ ~ ~ goo8s sold without prior notice and without opportunity for [ ` a hearinq or other safeguard against mistaken repossession. ~ ~ ~ A writ was issuable by a clerk of the court upon ex parte ~ application and posting of bond. It was not necessary to show E= that t~e goods were wrongfully detained. Nor was provision . made for prompt post-seizure hearing. Thus, the debtor was deprived of his property unti~l final outcome of the repossession suit. The Georgia statute was condemned on siuailar qrounds. A writ of garnishment was issuable at the behest of the seller, without notice or opportunity for early hearing and without ~ participation by a judicial officer. As in Fuentes, debtor's only remedy was to post a security bond. - q _ , i f F. ! ~ ' . tl1 Bo~c27~ ~ ~ ? - j'- ~ ~ ~ -5-