Could the people of Pocahontas county who have had judgments against them get their money back

 Yes. Under fundamental principles of West Virginia law and general civil procedure, if an underlying magistrate court judgment is declared void or set aside, any individual who paid money under that judgment has a legal right to full restitution (reimbursement).

Money collected under a legally void or vacated court order is treated as an unlawful taking or unjust enrichment, meaning the entity that collected the funds (the Pocahontas County Solid Waste Authority or the court) cannot legally retain it.

1. The Legal Doctrine of Restitution

Under West Virginia jurisprudence and common law equity, when a judgment is vacated, reversed, or declared void:

• Restoring the Status Quo: The law requires the parties to be restored to their original financial positions prior to the entry of the invalid order.

• Unjust Enrichment: A public authority or creditor cannot keep money obtained through a judgment that lacked jurisdiction, proper service of process, or statutory compliance.

• Order of Restitution: The court that sets aside or vacates the judgment has the inherent authority to issue an Order of Restitution, compelling the Solid Waste Authority to return 100% of the funds collected, including garnishments, bank levies, or voluntary payments made under threat of execution.

2. Recovery of Court Costs and Added Fees

If a citizen paid not only the disputed solid waste assessment but also court filing fees, service fees, or statutory interest that were improperly tacked onto the judgment:

• Full Refund Mandate: The order setting aside the judgment must include a refund of all court costs and administrative surcharges assessed against the defendant.

• Statutory Court Refunds: Under West Virginia Code governing court accounts (e.g., WV Code §50-3-2c), if fees or penalties were erroneously collected by or remitted to the court clerk, the court is obligated to promptly issue a refund directly to the affected citizen.

3. How Citizens Can Seek Reimbursement

Depending on how the judgments are challenged, citizens can recover their money through three primary legal avenues:

A. Individual Motion for Restitution

Any citizen who successfully files a Motion to Vacate Judgment (under Rule 60(b) for lack of service or procedural invalidity) should include a specific request for Restitution of Funds Paid. Once the judge grants the motion and voids the judgment, the court orders the PCSWA or court clerk to refund the exact amount paid.

B. Class Action or Mass Claim for Restitution

If it is determined that a widespread procedural defect (such as systematically failing to pay mandatory court filing fees or failing to provide statutory notice) invalidated an entire batch of judgments, affected citizens can form a class action lawsuit or joint petition in Pocahontas County Circuit Court.

• A class action can compel a single, global court order requiring the PCSWA to establish a restitution fund to reimburse all impacted property owners automatically.

C. Voluntary Settlement / SWA Board Rescission

To avoid further litigation costs, the PCSWA Board or County Commission can voluntarily pass a resolution to vacate the contested judgments and issue administrative refunds to all citizens who paid under the flawed process.

What Affected Individuals Should Do Now

1. Keep Payment Records: Retain all bank statements, receipts, cancelled checks, or wage garnishment pay stubs showing the exact dollar amount paid toward the judgment.

2. Verify Court File Records: Obtain a copy of your magistrate court civil docket sheet to confirm whether the judgment was marked "satisfied" and how much was paid in court costs versus the underlying assessment.

3. Include Restitution in Legal Filings: Ensure that any motion or petition filed with the Magistrate or Circuit Court explicitly demands "full restitution of all sums collected under the void judgment, plus statutory post-judgment interest."