Tomchin Furniture Co. v. Lester

MILLER, Justice:

We are asked in this appeal to determine the scope of the preseizure or prejudgment hearing as provided in our detinue statute, W.Va.Code, 55-6-1 (1981).1 The defendants, Garth and Ruth Lester, who had purchased various items of furniture from the plaintiff, Tomchin Furniture Company, claim that they were precluded from asserting valid defenses at the preseizure hearing.

They purchased furniture in August and September, 1981, under two retail installment agreements totalling $2670.96. The defendants still owed $1905.96 when they ceased making payments on the debt. On March 31,…