Due Process — Inadequate Notice of Hearing or Right to Contest
The Fourteenth Amendment Due Process Clause and Article I §6 of the Alabama Constitution require that a citizen be given fair notice of (a) the alleged violation, (b) the right to contest, (c) the procedure for contesting, and (d) the consequences of non-response. Many Alabama municipal parking citations contain only minimal information; if the citation does not state the deadline to contest, the address of the bureau, or the right to a hearing, the citation fails the Mathews v. Eldridge balancing test. Default judgments entered without proper service are void.
Legal basis
U.S. Const. Amend. XIV; Ala. Const. Art. I §6; Mathews v. Eldridge, 424 U.S. 319 (1976); Mullane v. Central Hanover Bank, 339 U.S. 306 (1950)
Sample appeal wording
MOTION TO VACATE DEFAULT JUDGMENT — DUE PROCESS The citation issued [DATE] failed to provide constitutionally adequate notice. Specifically: [list missing items — contest deadline, bureau address, hearing right, late-fee consequences]. Under Mathews v. Eldridge, 424 U.S. 319 (1976), and Mullane v. Central Hanover Bank, 339 U.S. 306 (1950), notice must be reasonably calculated to apprise the defendant of the action and afford an opportunity to be heard. The notice provided here was constitutionally insufficient. The default judgment is void and must be vacated. The underlying citation should be dismissed. [NAME, DATE, SIGNATURE]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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- U.S. Constitution Amendment XIV
- Alabama Constitution Article I §6
- Mathews v. Eldridge, 424 U.S. 319 (1976)
- Mullane v. Central Hanover Bank, 339 U.S. 306 (1950)