Legal Opinion
Brown v. Liberty Loan Corporation of Duval
District Court, M.D. Florida
Decided November 25, 1974No. 73-631-Civ-J-SPublishedCited by 15 opinions
1Opinion of the Court
ORDER AND OPINION
CHARLES R. SCOTT, District Judge.
The issue raised herein is whether the post-judgment garnishment of wages without first giving notice of said garnishment and an opportunity for a hearing to contest the propriety of said garnishment to the individual whose wages are to be garnished violates procedural due process under the Fourteenth Amendment. For the reasons set forth below, this Court hereby concludes that it does.
77.01 Right to Garnishment
Every person who has sued to recover a debt or has recovered judgment in any court against any person, natural or corporate, has a…
2Cases cited48 opinions
- Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
- In Re WINSHIPSupreme Court of the United States · 1970
- Goldberg v. KellySupreme Court of the United States · 1970
- Perry v. SindermannSupreme Court of the United States · 1972
- Fuentes v. ShevinSupreme Court of the United States · 1972
43 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Brown v. Liberty Loan Corporation Of DuvalCourt of Appeals for the Fifth Circuit · 1976
- Brown v. Liberty Loan Corp.Court of Appeals for the Fifth Circuit · 1976
- Betts v. TomDistrict Court, D. Hawaii · 1977
- Hopson v. SchillingDistrict Court, N.D. Indiana · 1976
- Taylor v. MadiganCalifornia Court of Appeal · 1975
10 more not listed; retrieve them via the Exa API.