constitutionalUnited States · West Virginia (Statewide)Difficulty: Medium
Magistrate Court Due-Process Vacatur
WV Code §50-5-12 governs default judgments in magistrate court, and WVRCP Rule 60(b) allows vacatur of void judgments. A parking default entered without statutorily required notice (mailed only, or to a stale address despite a current DMV record) is void under Mullane v. Central Hanover Bank. Motion to vacate within reasonable time restores right to contest.
Legal basis
WV Code §50-5-12; WVRCP Rule 60(b)(4); Mullane v. Central Hanover Bank, 339 U.S. 306 (1950); U.S. Const. amend. XIV
Sample appeal wording
TO: Magistrate Court of [COUNTY], West Virginia MOTION TO VACATE DEFAULT JUDGMENT RE: Case No. [#] Defendant moves under WVRCP 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 of citation 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.
Beat It writes this argument automatically
Scan your PCN — our AI checks if this ground applies to your specific ticket, drafts a properly-cited appeal letter, and submits it to the council on your behalf. Only pay if you win.
Scan my ticketSources
- WV Code §50-5-12
- WVRCP Rule 60(b)(4)
- Mullane v. Central Hanover Bank