Sniadach v. Family Finance Corporation Of Bay View

395 U.S. 337 (1969)

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Nature of the Case

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Facts

Family Finance (P) instituted a garnishment action against Sniadich (D) and Miller Harris Instrument Co., as her employer, as garnishee. P alleged a claim of $420 on a promissory note. The garnishee filed an answer stating that it had $63.18 of D's wages under his control and that it would pay one-half to D as a subsistence allowance and hold the other half pursuant to the order of the court. The garnishment statute gives P 10 days to serve the summons and complaint on D after service on the garnishee. D was served the same day as the garnishee. D moved the garnishment action be dismissed for failure to satisfy Due Process; notice and opportunity to be heard were not given before the in rem seizure of the wages. The lower courts and appeals court sustained the procedure, and the Supreme Court granted certiorari.