Fuentes v. Shevin

Fuentes (plaintiff) bought a stove and a phonograph from a company on installment contracts that let the seller retain title until she paid in full. After a payment dispute, the seller obtained a writ of replevin in small claims court and had the sheriff seize both items from Fuentes' home, even though she had not yet been served with the seller's complaint and had no notice of the writ beforehand. The Florida statute authorizing the writ required no advance showing to a judge before seizure. Fuentes challenged the statute as a violation of due process.