Who would be responsible for paying back these funds

 If those judgments are formally declared void or set aside by a court, the responsibility for paying back the citizens falls primarily on the Pocahontas County Solid Waste Authority (PCSWA), with potential secondary liabilities involving the Magistrate Court Clerk / State Treasury and the Pocahontas County Commission.

1. Primary Liability: Pocahontas County Solid Waste Authority (PCSWA)

Because the PCSWA was the plaintiff that collected the money—whether through direct voluntary payments, bank account levies, or wage garnishments—the SWA holds the core legal liability for restitution.

• Unjust Enrichment: Under West Virginia common law, an entity that collects money based on a legally invalid or void court order cannot lawfully retain those funds.

• Source of Refund Cash: The PCSWA would have to satisfy the refund order out of its operational revenues, reserve accounts, or Green Box fee collections.

2. Secondary Liability: The Magistrate Court Clerk / State Treasury

If part of the money paid by citizens included court costs, certified mailing fees, or statutory surcharges that were remitted to the court rather than kept by the SWA:

• Refund of Erroneous Court Fees: The Pocahontas County Magistrate Court Clerk is responsible for refunding court costs that were unlawfully assessed or collected under an invalid filing.

• State Administrative Accounts: To the extent that filing fees or surcharges were already remitted to special state funds (such as the Court Security Fund or Courthouse Facilities Improvement Fund under WV Code §50-3-2c), the court clerk must process administrative adjustments through the West Virginia State Auditor / Supreme Court Administrative Office to release those funds back to the citizens.

3. Ultimate Financial Backstop: The Pocahontas County Commission

While the PCSWA is a distinct administrative board, it was created by the County Commission to perform a public health function.

• SWA Insolvency: If the PCSWA lacks sufficient liquid cash in its budget to pay back hundreds of thousands of dollars in court judgments, the financial burden cascades to the Pocahontas County Commission.

• Protecting Public Services: To prevent the SWA from going bankrupt—which would halt county trash collection—the County Commission would be forced to allocate funds from its General Revenue or Federal PILT (Payment in Lieu of Taxes) receipts to cover or loan the SWA the cash needed to fulfill court-ordered restitution.

Summary of Payback Breakdown

Component of Payment	Who Must Pay It Back?	Source of Funds
Past-due Green Box Fees & Penalties	PCSWA	SWA Operating Budget / Reserve Funds
Garnished Wages / Bank Levies	PCSWA	SWA Operating Budget
Court Costs & Filing Surcharges	Magistrate Court / SWA	Magistrate Court Accounts / State Treasury
Emergency Shortfall (If SWA is broke)	County Commission	Federal PILT / County General Fund