Hampton National Bank v. Desjardins

This case presents two questions: Whether a prejudgment attachment of a defendant’s checking account by a sheriff at the request of a plaintiff without giving the defendant prior notice and an opportunity for a hearing on the validity or probable validity of the plaintiff’s underlying claim, violates the due process clause of the fourteenth amendment to the Constitution of the United States, and if it does, whether the holding of unconstitutionality will be given retroactive effect.

Plaintiff began a law action to recover the balance that it claimed to be due on defendant’s promissory note by…