Fuentes (Plaintiff-Appellant) v.

Shevin (-Appellee)
407 U.S. 67,92

Facts:
- Fuentes purchased home goods from Firestone Tire and Rubber Co. on a sales contract
that required payments over time
- For over a year she made her payments before she got involved in a dispute with
Firestone
- Firestone filled out a form that allowed them to repossess the home goods by having the
sheriff repossess those goods
- Florida law didn’t require any notice be given to Fuentes nor an opportunity to challenge
the writ
- The Florida required Firestone to file a claim as well as place a surety bond equal to
twice the value of the property
- Pennsylvania had a similar law that did not require the surety bond
- Fuentes filed suit in District Court challenging the constitutionality of the law which
upheld the constitutionality of the Florida statue
- Fuentes appealed to the Supreme Court

Issue:
- Do the Florida and Pennsylvania statutes violate the Due Process Clause of the 14th
Amendment

Holding:
- The statutes violated the due process clause

Reasoning: Justice Stewart delivered the opinion of the Court

- The Court held that the right to be heard before a parties’ rights are affected is an
essential component of the due process clause
- The further held that notice of that right is also fundamental
- The court further stated that the due process clause protects all property not just that
property which a court may consider to be essential to life
- The court did note that certain times that the notice and right to be heard may be ignored
but these were only when the state was secreting an important governmental or public
interest
- The court also noted that the ruling does not hold that prejudgment seizure is wholly
unconstitutional, only that the person whose property is being seized must first be given
the opportunity to contest the seizure

Dissent by Justice White:

- Justice white wrote that the statutes at issue do not disturb the property rights of either
party
- He writes that while the buyer loses temporary ability to use the property it is protected
against loss and the seller’s interest in not having the property deteriorated is also
protected