Fuentes v. Shevin

Mr. Justice Stewart delivered the opinion of the Court, We here review the decisions of two three-judge federal District Courts that upheld thé constitutionality of Florida and Pennsylvania laws authorizing the summary seizure of goods or chattels in a person’s possession under a writ of replevin. Both statutes provide for the issuance of writs ordering state agents to seize a person’s possessions, simply upon the ex parte application of any other person who claims a right to them and posts a [*70] security bond. Neither-statute provides for notice to be given to the possessor of the property, and neither statute gives the possessor an opportunity to challenge the seizure at any kind of prior hearing. The question is whether these statutory procedures violate the Fourteenth Amendment's guarantee that no State shall deprive any person of property, without due process of law.

I

The appellant in No. 5039, Margárita Fuentes, is a résident of Florida. She purchased a gas stove and service policy from the Firestone Tire and Rubber Co. (Firestone) under a conditional sales contract calling for monthly payments over a period of time. A few months later, she purchased a stefeophonic phonograph from the same company under the same sort of contract. The' total cost of the stove and stereo was about $500, plus an additional financing charge of over $100. Under the contracts, Firestone retained title to the merchandise, but Mrs. Fuentes was entitled to possession unless and until, she should default on her installment payments.