BROWN v. LIBERTY LOAN CORPORATION OF DUVAL

No. 73-631-Civ-J-S.

392 F.Supp. 1023 (1974)

Etta Jane BROWN, Individually, and on behalf of all others similarly situated, Plaintiff, v. LIBERTY LOAN CORPORATION OF DUVAL, a corporation, and S. Morgan Slaughter, as Clerk of the Circuit and County Courts of Duval County, Florida, Defendants. State of Florida, Intervening Defendant.

United States District Court, M. D. Florida, Jacksonville Division.

As Modified December 2, 12, 1974.


Attorney(s) appearing for the Case

Steven M. Goldstein, Florida State University Law School, Tallahassee, Fla., and Duval County Legal Aid Ass'n, Jacksonville, Fla., for plaintiff.

Frank X. Friedmann, Jr., Jacksonville, Fla., for defendant Liberty Loan.

William Lee Allen, Jacksonville, Fla., for defendant Slaughter.

Thomas Harris, Asst. Atty. Gen., Dept. of Legal Affairs, Civil Div., Tallahassee, Fla., for defendant State of Florida.


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.

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