Due-Process Vacatur of JP Court Default
10 Del. C. §9540 governs default judgments in Justice of the Peace Court (where Wilmington PVB collection actions are typically filed). JPCRCP Rule 60(b) allows vacatur of void judgments. Where notice of the JP Court action is mailed to a stale address despite a current DMV record, the default is void under Mullane v. Central Hanover Bank. Motion to vacate within reasonable time restores right to contest the underlying citation.
Legal basis
10 Del. C. §9540; Justice of the Peace Court Rule 60(b)(4); Mullane v. Central Hanover Bank, 339 U.S. 306 (1950)
Sample appeal wording
TO: Justice of the Peace Court of [COUNTY], Delaware MOTION TO VACATE DEFAULT JUDGMENT RE: Case No. [#] Defendant moves under JPCRCP Rule 60(b)(4) to vacate the default judgment entered [DATE] as void for lack of due process. Defendant's correct DMV address at the time was [ADDRESS]; notice was mailed to [WRONG ADDRESS]. Notice insufficient under Mullane v. Central Hanover Bank renders the judgment void. Defendant requests vacatur and hearing on the merits, and release of any DMV hold. [NAME] [ADDRESS] [DATE]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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- 10 Del. C. §9540
- JPCRCP Rule 60(b)(4)
- Mullane v. Central Hanover Bank