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Sniadach v. Family Finance Corp., 395 U.S. 337 (1969)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Sniadach v. Family Finance Corp., 395 U.S. 337 (1969)
Sniadach v. Family Finance Corp. No. 130 Argued April 21, 1969 Decided June 9, 1969 395 U.S. 337
CERTIORARI TO THE SUPREME COURT OF WISCONSIN
Syllabus
Under Wisconsin’s garnishment procedure the clerk of the court issues a summons at the request of the creditor’s lawyer, and the latter, by serving the garnishee (here the employer) sets in motion the machinery whereby wages (here one-half those due the employee) are frozen. The creditor has 10 days in which to serve the summons and complaint on the debtor after service on the garnishee, although here petitioner was served the same day as the employer. The wages may be unfrozen if the wage earner wins on the merits in the suit on the debt. Petitioner moved that the garnishment proceedings be dismissed for failure to meet the Fourteenth Amendment’s procedural due process requirements, but the Wisconsin courts approved the procedure.
Held: Wisconsin’s prejudgment garnishment of wages procedure, with its obvious taking of property without notice and prior hearing, violates the fundamental principles of procedural due process. Pp. 339-342.
37 Wis.2d 163, 154 N.W.2d 259, reversed.
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Chicago: U.S. Supreme Court, "Syllabus," Sniadach v. Family Finance Corp., 395 U.S. 337 (1969) in 395 U.S. 337 Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=LA6I1PKLD25KWE6.
MLA: U.S. Supreme Court. "Syllabus." Sniadach v. Family Finance Corp., 395 U.S. 337 (1969), in 395 U.S. 337, Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=LA6I1PKLD25KWE6.
Harvard: U.S. Supreme Court, 'Syllabus' in Sniadach v. Family Finance Corp., 395 U.S. 337 (1969). cited in 1969, 395 U.S. 337. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=LA6I1PKLD25KWE6.
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