Fuentes v. Shevin
Yeazell, pp. 369-378
Facts: Fuentes bought some stuff on credit from Firestone
and also had a service contract with them.
There was a dispute over the service contract. Firestone went to small-claims court to
repossess the stuff and got a writ of replevin before Fuentes was even notified
of the proceeding. It turned out that in
Issue: Does procedural due process require the chance for a hearing before the state takes someone’s stuff?
Rule: The state can only take stuff without a hearing when:
1. The seizure is directly necessary to protect an important public interest.
2. There is a special need for prompt action.
3. The state keeps strict control of the seizure process by having a government official make sure the seizure is necessary and justified.
Analysis: The court finds that the