Johnson v. American Credit Co. of Georgia

WISDOM, Circuit Judge:

Donna M. Johnson appeals from a district court order dismissing her action without prejudice. We reverse the district court, reach the merits of her claim, and find that the Georgia prejudgment attachment scheme does not comport with the procedural due process requirements of the Fourteenth Amendment of the United States Constitution.

I

In April 1973, American Finance Company financed Johnson’s purchase of an automobile. In this transaction the finance company received a security interest in the automobile. A dispute arose between Johnson and the finance company over…