North Georgia Finishing, Inc. v. Di-Chem, Inc

419 U.S. 601 (1975)

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Nature of the Case

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Facts

Respondent, Di-Chem, (P) filed a suit against Petitioner, North Georgia, (D) alleging a debt due for goods sold and delivered in the amount of $51,279.17. Before D got the complaint, P filed an affidavit and bond for process of garnishment naming the First National Bank of Dalton as garnishee. The Clerk issued summons of garnishment to the bank, which was served that day. D filed a bond three days later in Superior Court conditioned to pay any final judgment and the court discharged the bank as garnishee. D then filed a motion to dismiss the writ of garnishment and to discharge its bond on grounds that the garnishment procedure was unconstitutional and violated Due Process. D contends that the statute failed to provide for notice and a hearing prior to garnishment. The statute was sustained, and the Supreme Court granted certiorari.