constitutionalUnited States · Mississippi (Statewide)Difficulty: Moderate
Due Process — Inadequate Notice of Right to Contest
The Fourteenth Amendment and Article 3 §14 of the Mississippi Constitution require fair notice of the right to contest, the procedure, and the consequences of non-response. Citations omitting this information, or default judgments entered without proper notice, are constitutionally void.
Legal basis
U.S. Const. Amend. XIV; Miss. Const. Art. 3 §14; Mathews v. Eldridge, 424 U.S. 319 (1976); Mullane v. Central Hanover Bank, 339 U.S. 306 (1950)
Sample appeal wording
MOTION TO VACATE — DUE PROCESS The citation issued [DATE] failed to provide constitutionally adequate notice. Specifically: [missing items]. Under Mathews v. Eldridge and Mullane, notice must be reasonably calculated to inform the defendant. Default judgment is void. Underlying citation should be dismissed. [NAME, DATE]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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Scan my ticketSources
- U.S. Constitution Amendment XIV
- Mississippi Constitution Article 3 §14
- Mathews v. Eldridge