[Download] "Beatrice Finberg v. Joseph A. Sullivan" by Third Circuit United States Court Of Appeals " eBook PDF Kindle ePub Free
eBook details
- Title: Beatrice Finberg v. Joseph A. Sullivan
- Author : Third Circuit United States Court Of Appeals
- Release Date : January 27, 1980
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 73 KB
Description
In an opinion filed October 27, 1980, 634 F.2d 50, this Court, sitting en banc, held that Pennsylvanias post-judgment garnishment procedures violated the due process clause of the Federal Constitution in two respects. First, the state procedures failed to provide a prompt post-seizure hearing at which claims of exemption could be adjudicated, and second, the state scheme did not require that the judgment debtor be informed of the existence of or procedure for claiming exemptions under state and federal law. We also held that the Pennsylvania rules violated the Supremacy Clause because they provided a judgment creditor with a means of circumventing the Social Security Acts exemption of benefits from attachment or garnishment. In addition to these rulings on the substantive issues in the case, we vacated the district courts denial of certification for the class of all judgment debtors who are subject to having personalty garnished in Pennsylvania and who have legal or equitable defenses to the execution, 461 F. Supp. 253 (D.C.).