Tuesday, 24 March 2015

Due Process Restrictions on the Use of Pre-judgment Remedies by Creditors

Read No. Georgia Finishing Co. v. DiChem at pages 55-58. The case concerns the due process restrictions on the use of pre-judgment remedies by creditors. Read the opinion with the following questions in mind: What are the constitutional and practical objections to the use of "pre-judgment" remedies?

What are the minimum constitutional requirements for pre-judgment attachment? What were the infirmities in the Georgia statute?

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