Improper Service of Citation Notice (Neb. Rev. Stat. §25-505)
Where a parking citation is issued without the vehicle owner physically receiving it (windshield ticket lost) or notice mailed to outdated address, Nebraska law requires proper service for any subsequent enforcement. Neb. Rev. Stat. §25-505 governs service of process; Omaha Municipal Code §36-71 requires written notice. If the city skipped from initial citation to collection without sending legally-required notice, due process is violated under Mullane v. Cent. Hanover Bank.
Legal basis
Neb. Rev. Stat. §25-505; Omaha Municipal Code §36-71; Mullane v. Cent. Hanover Bank, 339 U.S. 306 (1950)
Sample appeal wording
TO: [Court] RE: MOTION TO VACATE - IMPROPER SERVICE Dear Honorable Judge, I move to vacate the judgment / dismiss collection action arising from citation #[NUMBER] under Neb. Rev. Stat. §25-505 and the Due Process Clause. FACTS: - Citation issued on [DATE] at [LOCATION] - Windshield ticket lost or not received - Subsequent notices mailed to [INCORRECT ADDRESS] - DMV-on-file address: [CORRECT ADDRESS] - First actual notice: [LATE DATE] Under Mullane v. Cent. Hanover Bank, 339 U.S. 306, due process requires notice 'reasonably calculated' to apprise. Mailing to a known-incorrect address fails this standard. I request the court vacate any default and provide a hearing on the merits, or dismiss. Respectfully, [NAME]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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- Neb. Rev. Stat. §25-505
- Omaha Municipal Code §36-71
- Mullane v. Cent. Hanover Bank, 339 U.S. 306