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~ Respondents arque that Florida's statutory procedure
for prejudgment garnishment is equally defective. It allows
a writ to issue by a clerk of the court, without judicial
•supervision, upon the conclusory allegations of the applicant,
without prior notice or opportunity to be heard. ~F
- Petitioner argues that prior notice and hearinq .
are not necessary where the statutes provide sufficient -
constitutional safequards,to the debtor. In Mitchell v. ~
W. T. Grant Co., 416 U.S. 600 (1974), decided two years after
Fuentes, the Supreme Court upheld a Louisiana sequestration
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statute which permitted the seller-creditor, holdinq a vendor's
lien, to secure a writ of sequestration to forestall waste ~
or alienation of the encumbered property. The writ could issue
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on ex parte application, without notice or hearinq. The court
ruled tha-t the statute provided sufficient constitutional safe-
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guards to protect the debtor, while affording the creditor a -
quick and effective remedy. The writ was issuable by a judge
upon the filing of an affidavit, clearly stating the facts
I entitlinq the debtor to sequestration. The statute expreasly k~
j - entitled the debtor to an immediate hearinq after seizure and
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to dissolut~ion of the writ absent proof by the creditor.
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Petitioner argues that the Florida garnishment sta~ute, like
th~t of Louisiana, provides sufficient constitutional safe-
guards and points specifically to Section 77.07(2), Florida ~
~ Statutes, which provides for an imaaediate gos~-garnisluaent _
~ hea=ing before a judqe. In addition, debtor is provided an
opportunity to free his assets by posting adequate secuzity.
See Section 77.24, Florida Statutes (1975).
We agree with the petitioner that ~riar notice and -
hearinq are not required in order to satisfy the demands of due -
process. Otherwise, the remedy of the statute is likely to be
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defeated. Unique Caterers, Ync. v. Rudy's Fana Co., 338 So.2d .
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1067 (Fla. 1976). However, under the standards set~by the ~
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