Brief Fact Summary.
The Defendant claims that the freezing of her wages before notice a hearing violated her Due Process rights.
Synopsis of Rule of Law.
According to the Due Process Clause of the Fourteenth Amendment a state must give notice and a hearing prior to the taking of property
In the context of this case the question is whether the interim freezing of the wages without a chance to be heard violates procedural due process.View Full Point of Law
Plaintiff FFC, a collection agency, brought a wage-garnishment action against Defendant Sniadach, freezing her wages. A Wisconsin law enabled FFC to garnish wages before a trial and a hearing but Sniadach claims the law violates her Fourteenth Amendment right to Due Process.
According to the Due Process Clause of the Fourteenth Amendment, does a state government have to give notice and an opportunity to be heard before taking property?
Yes. A state must give notice and an opportunity to be heard prior to the taking of property. Decision of the Wisconsin Supreme Court reversed.