Constitutional Law - Due Process - Hearing and Notice Required Prior to Attachment of Debtor's Checking Account - Randone v. Appellate Department of the Superior Court of Sacramento County, 5 Cal. 3d 536, 488 P.2d 13, 96 Cal. Rptr. 709 (1971)
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Authors
Pratt, Robert W.
Issue Date
1972
Type
Journal Article
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Abstract
FIRST PARAGRAPH(S)|Defendants, alleged debtors, sought review of a judgment which affirmed a municipal court order refusing to dissolve a pre-judgment attachment of their checking account. In seeking this review, the defendants urged the California supreme court to declare California's pre-judgment attachment procedure unconstitutional. The real party in interest, Northern California Collection Service, had obtained a writ of attachment against the defendants based upon a $490 book account for attorneys fees. Pursuant to the California statute, the Clerk of the Sacramento County Municipal Court issued a writ of attachment based upon plaintiff's declaration and undertaking on attachment. Following these instructions the Marshall of the Sacramento Municipal County District levied the attachment on defendants' checking account, which contained $176.20 at that time.|Defendants immediately filed a motion to dissolve the attachment on the ground that the issuance of the writ constituted a violation of due process, relying upon the United States Supreme Court's decision in Sniadach v. Family Finance Corporation. They contended that the rationale of Sniadach required that a debtor be afforded notice and a hearing prior to the attachment of his bank account. Plaintiffs, on the other hand, maintained that Sniadach was expressly limited to pre-judgment wage garnishments. Furthermore, they argued that the promotion of consumer credit would be severely damaged if this summary procedure were declared unconstitutional...
Description
Citation
5 Creighton L. Rev. 176 (1971-1972)
Publisher
Creighton University School of Law