Search Supreme Court Cases
SNIADACH V. FAMILY FINANCE CORP., 395 U. S. 337 (1969)
U.S. Supreme Court
Sniadach v. Family Finance Corp., 395 U.S. 337 (1969)
Sniadach v. Family Finance Corp.
Argued April 21, 1969
Decided June 9, 1969
395 U.S. 337
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. 395 U. S. 339-342.
37 Wis.2d 163, 154 N.W.2d 259, reversed.
Official Supreme Court caselaw is only found in the print version of the United States Reports. Justia caselaw is provided for general informational purposes only, and may not reflect current legal developments, verdicts or settlements. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or information linked to from this site. Please check official sources.