Fuentes purchased a stove and stereo from Firestone Tire and Rubber Company.Payment was to be made in monthly installments over a period of time.After two-thirds of the payments were made, Fuentes defaulted.Firestone filed an action for repossession and at the same time instructed the sheriff to seize the property pursuant to state law.The sheriff seized the property before Fuentes even knew of Firestone's suit for repossession.Which constitutional safeguard does the state statute, which allows seizure prior to notice and hearing, violate?

Question

Quizplus · Accepted Answer

The state statute allowing seizure prior to notice and hearing violates the Due Process Clause of the Fourteenth Amendment, which requires that individuals be given notice and an opportunity to be heard before their property can be taken away. This violates the fundamental fairness that is required in legal proceedings.

Fuentes Purchased a Stove and Stereo from Firestone Tire and Rubber