Mitchell v. W.T. Grant Co.
United States Supreme Court
416 U.S. 600 (1974)
W.T. Grant Co. (Grant) (plaintiff) sold appliances to Mitchell (defendant) on credit and, when Mitchell failed to pay in full, sued to recover the balance; because Louisiana law would extinguish Grant's lien if Mitchell transferred possession of the appliances, Grant's credit manager signed an affidavit stating Grant believed Mitchell might dispose of the property during the litigation, and under Louisiana's sequestration statute a judge ordered the sheriff to seize the appliances without any prior hearing or notice to Mitchell. Mitchell challenged the seizure, relying on Fuentes v. Shevin's requirement of a pre-seizure hearing.
Whether Fuentes v. Shevin applies to a state statute that requires a clear showing of the nature of the claim and the grounds relied upon for the issuance of the writ of sequestration.