Constitutional Law- Prejudgment Self-Help Repossession of Secured Property Held Not To Violate Due Process
The fourteenth amendment to the United States Constitution guarantees that no state shall deprive any person of property without due process of law. Whenever a state is directly involved in the prejudgment repossession of secured property, the debtor's due process rights are clearly violated. But creditors have awaited judicial determinations defining state involvement. The states Uniform Commercial Code statutes allow private repossessions of secured property without giving the defaulting debtor prior notice or the opportunity for a hearing. There is disagreement over whether such explicit authorization by state statutes constitutes sufficient state involvement to be in violation of the fourteenth amendment.
Constitutional Law- Prejudgment Self-Help Repossession of Secured Property Held Not To Violate Due Process,
U. Rich. L. Rev.
Available at: https://scholarship.richmond.edu/lawreview/vol8/iss3/6