Beulah Hammond, Individually and on Behalf of All Others Similarly Situated v. Frank Powell, Sheriff of Richland County, South Carolina

SOBELOFF, Senior Circuit Judge:

Under the “claim and delivery” procedure of South Carolina, Ann.Code § 10-2501 et seq., a secured creditor may, with the aid of the local sheriff, seize a defaulting debtor’s goods in advance of trial and judgment awarding the goods to the creditor. The statute doe§ not provide for notice to the debtor or a hearing prior to the seizure. To regain possession of the seized property pending trial, a debtor must furnish a bond in twice the value of the property seized.

Repossession under color of this statute was effected against appellant’s household goods without a…