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TERRANOVA v. AVCO FINANCIAL SERVICES OF BARRE, INC.

Civ. A. No. 74-283.

396 F.Supp. 1402 (1975)

Robert C. and Laurie TERRANOVA v. AVCO FINANCIAL SERVICES OF BARRE, INC., et al.

United States District Court, D. Vermont.

June 24, 1975.

Attorney(s) appearing for the Case

Michael H. Lipson, Burlington, Vt., and John P. Wesley, of Vermont Legal Aid, for plaintiffs.

Robert G. Hayes, Burlington, Vt., for AVCO.

James L. Morse, Asst. Atty. Gen., for other defendants.

Before OAKES, Circuit Judge, and HOLDEN and COFFRIN, District Judges.

OPINION

The sole issue presented in this case is the constitutionality of Rule 4.11 of the Vermont Rules of Civil Procedure (Vt.R.Civ.P.) and its companion statutes, 12 Vt.Stat.Ann. §§ 3291-92,2 which allow a plaintiff, upon commencement of a suit, to attach the defendant's real estate without notice or a prior hearing and with no participation by a...

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