Fuentes v. Shevin (1972 U.S. Case) N.B. I am actually sick right now, but I want to pass my assigned digest on time.

Good news is there are digests of this U.S. case in the internet which are well-written. I chose 2 digests, first one shorter. You can choose between the 2 digests which is better to understand, or you can read both. - Naomi Margarita Fuentes (P) purchased a gas stove and service policy and a stereo from the Firestone Tire and Rubber Co. (Shevin, D) on credit for $600. Under the contracts, Fuentes had possession of the merchandise but Firestone retained title to the merchandise and was entitled to recover it if Fuentes defaulted on the monthly payments. Fuentes owed a balance of $200 on the merchandise when a dispute arose over the servicing agreement under the contract. Firestone instituted an action in a small claims court for repossession of both the stove and the stereo and obtained a writ of replevin ordering a sheriff to repossess the property before providing Fuentes with notice. Under Florida state procedure, Firestone had merely to fill in the blanks on the appropriate forms and submit them to the clerk of the small claims court. The clerk signed and stamped the documents and issued a writ of replevin. A local deputy sheriff and an agent of Firestone went to Mrs. Fuentes’s home and seized the stove and stereo later the same day. Fuentes brought this lawsuit in federal district court, asserting that the Florida prejudgment replevin procedures were unconstitutional in light of the Due Process Clause of the Fourteenth Amendment. Fuentes sought injunctive relief and a declaratory judgment against enforcement of the prejudgment replevin statutes. Issue Does due process under the Fourteenth Amendment require that parties facing a replevin action be notified in a timely manner and given an opportunity to be heard prior to a prejudgment seizure? Holding and Rule Yes. Due process under the Fourteenth Amendment requires that affected parties in a replevin action must be notified in a timely manner and given an opportunity to be heard prior to a prejudgment seizure. The court held that if the creditor violates the debtor’s due process rights by seizing property in accordance with statutory procedures, there is little or no reason to deny to the latter a cause of action under the federal statute § 1983 designed to provide judicial redress for such constitutional violations. The court held that parties have the right to prior notice and a hearing to prevent arbitrary deprivation of property. Any significant property interest is protected by the due process clause, and any temporary, non-final deprivation of property is nonetheless a deprivation in the terms of the Fourteenth Amendment. The court rejected a due process distinction between property for absolute necessities of life and other property.

Plaintiffs challenged the constitutionality of prejudgment replevin statutes on the grounds that the denial of notice and a hearing was a violation of their right to due process. the seizure must be necessary to secure an important governmental interest. With about $200 remaining to be paid.

 Synopsis of Rule of Law. Margarita Fuentes (Plaintiff).com/cases/fuentes-shevin. Prejudgment replevin statutes. A few months later. it also obtained a writ of replevin ordering a sheriff to seize the disputed goods. a dispute developed between the Plaintiff and the Defendant over the servicing of the stove. In the first case. there are extraordinary situations that justify postponing notice and the opportunity for a hearing.
One cannot deprive an individual of his or her property without prior notice and the opportunity for a pre-deprivation hearing. Plaintiff also purchased a stereophonic phonograph from the Defendant. Two cases involving similar issues of due process considerations were joined. the district courts considered the Appellants’ challenges to the constitutionality of the Florida and Pennsylvania statutes. First. In both cases. Defendant retains title to the merchandise. a resident of Florida. Facts. Plaintiff refused to make payments and the Defendant instituted an action in small claims court for repossession of the stove and stereo.html Fuentes v. Seizure of property without notice or a hearing is allowed in a few limited situations. The Appellants in this case also had possessions seized under writs of replevin. Second. Shevin (1972. judgment for Fuentes.S. When the Defendant filed that action. Third. while Plaintiff was entitled to possession of the items until she defaulted on her payments. Case) Brief Fact Summary. Plaintiffs appeal. there must be a special need for very prompt action.lawnix. . U. 
Issue.Disposition Reversed. Yes. However. the person instituting the seizure must be a governmental official responsible for determining that it was necessary and justified in the particular instance. purchased a gas stove and service policy from Firestone Tire and Rubber Company (Defendant). Plaintiff then filed suit in a federal district court challenging the constitutionality of the Florida prejudgment replevin procedures under the Due Process Clause of the Fourteenth Amendment. Source: http://www. The Appellants in the second case filed a similar action in federal district court in Pennsylvania challenging the constitutionality of that State’s prejudgment replevin process. which deprive individuals of their property must comply with procedural due process. Judgment is vacated and remanded. Do state replevin statutes that fail to provide property owners with notice and an opportunity to challenge the seizure of their property violate the Fourteenth Amendment’s guarantee that no state shall deprive any person of property without due process of law? Held. The courts in both cases upheld the constitutionality of the statutes. under a conditional sales contract.

the Florida and Pennsylvania prejudgment replevin statutes serve no important governmental interest. Neither statute limits the seizure of goods to special situations demanding prompt action. no state official participates in the decision to seek the writ.Here.casebriefs. One should pay attention to the seller’s interest. and therefore. the buyer’s risk of harm is not as large as the majority concludes. reviews the basis for the claim for repossession. The decision depends on one’s perception of the practical considerations involved. The court concludes that both of these requirements were not present. Therefore. 
Dissent.com/blog/law/civil-procedure/civil-procedure-keyed-tosubrin/an-introduction-to-civil-procedure/fuentes-v-shevin-5/ . In order to have a due process violation. both the Florida and Pennsylvania statutes were unconstitutional. Discussion. while also looking at those of the buyer. there must be state action and a deprivation of property. Here. Source: http://www. or evaluates the need for immediate seizure. the Florida and Pennsylvania statutes do not provide extraordinary situations that justify denying the right to prior opportunity to be heard before property is taken from their possessor. Lastly.