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HAMMOND v. POWELL

No. 72-1033.

462 F.2d 1053 (1972)

Beulah HAMMOND, Individually and on behalf of all others similarly situated, Appellant, v. Frank POWELL, Sheriff of Richland County, South Carolina, et al., Appellees.

United States Court of Appeals, Fourth Circuit.

Decided June 28, 1972.

Attorney(s) appearing for the Case

Herbert E. Buhl, III, and Robert R. Madama, Jr. (Franchot A. Brown, Legal Aid Service Agency, Columbia, S. C., on brief), for appellant.

H. Simmons Tate, Jr., and J. Donald Dial, Jr., Columbia, S. C. (Boyd, Bruton, Knowlton, Tate & Finlay, Columbia, S. C., on brief), for appellee, W. F. Hearn.

Before SOBELOFF, Senior Circuit Judge, and WINTER and CRAVEN, Circuit Judges.

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 does 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...

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