For prejudgment government attachment or seizure, which due process step is required?

• A. Notice and hearing
• B. Post-termination notice
• C. Neutral fact finder
• D. Opportunity to explain

Answer: (A)

Notice and hearing. For prejudgment attachment or seizure, due process requires that the affected party receive timely notice of the action and have an opportunity to be heard before the seizure occurs (or at the earliest feasible moment if immediate action was taken). This safeguard guards against arbitrary deprivation of property by giving the person a chance to contest the basis for the seizure and to present defenses. The other options don’t capture this essential step: a post-termination notice isn’t the relevant pre-judgment safeguard, while a neutral fact finder or an isolated “opportunity to explain” don’t substitute for the required notice and hearing process.