Summary
The United States District Court for the District of Vermont held that Vermont’s procedures permitting prejudgment attachment of a resident’s real estate without prior notice, a hearing, or judicial participation violated the Due Process Clause of the Fourteenth Amendment. The court enjoined prospective enforcement of the challenged procedures as to the parties, while limiting the judgment so as not to call prior Vermont real estate attachments into question.
Court
United States District Court for the District of Vermont
Jurisdiction
Vermont
Decision date
June 24, 1975
Docket number
Civ. A. No. 74-283
Disposition
other
Questions Presented
- Whether Vermont Rule of Civil Procedure 4.1 and 12 V.S.A. §§ 3291–3292 violated the Fourteenth Amendment's Due Process Clause by permitting prejudgment attachment of an in-state resident's real estate without prior notice, a hearing, or judicial participation.
- Whether the challenged real-estate attachment procedures should be enjoined prospectively.
Holdings
- Except in extraordinary situations, prejudgment attachment of real estate belonging to an in-state resident may occur only after notice to the owner and a hearing before a judicial officer at which the plaintiff establishes a reasonable likelihood of recovering a judgment, including interest and costs, at least equal to the amount of the attachment, subject to available insurance or bond.
- The judgment enjoining the challenged procedures is limited to the parties and to prospective enforcement and does not place the validity of prior Vermont real-estate attachments in question.
Court Document
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