Brief Fact Summary. See Facts below.
Synopsis of Rule of Law. Prejudgment-seizure is proper when a judge reviews the complaint that has specific facts alleging possession, a bond is posted, and a hearing is afforded to the party.
Issue. Whether a sequestration statute authorizing pre-judgment seizure of property violates the Due Process Clause.
Held. No. Typically pre-judgment procedures, here sequestration, are found to violate due process. However this statute affords parties the requirements necessary for those rights not to be violated. Here it is a judge that reviews the complaint that must provide specific facts for seizure, and the defendant is awarded a hearing to dispute the complaint. Also the writ states the plaintiff will pay for any fines damages and attorney’s fees if a wrongful writ is made. These protections minimize the risk of error significantly.
It is sufficient, where only property rights are concerned, that there is at some stage an opportunity for a hearing and a judicial determination.View Full Point of Law
Discussion. The issue with these cases is that both seller and buyer own an interest in the property that is subject of the claim. However there needs to remain a balance between both parties interest.