Traci M. Cull v. Dyck-O'Neal, Inc., et al.

This matter arises from a motion seeking to void a default judgment entered against Petitioner in a state court foreclosure action where service of process was not in the manner required by the state statutes. In this time of recovery from the Pandemic and the earlier Great Recession, the important federal questions arising under the Due Process Clause as set out below are in need of clarity and amplification on a national level for those people that are or will be similarly situated as the Petitioner in this matter. The questions presented are:

1. When the manner of service of process required under state law is not followed, is there a violation of the Due Process Clause by the state judiciary when a judgment based on such service of process results in deprivation of property (wage garnishment) of the person so served;

2. Is the process due under the Due Process Clause, for effective service of process, defined by applicable state law or must it merely be reasonably calculated to give notice and opportunity for a fair hearing.