Collateral Attack

Collateral Attack

An attempt to impeach or overturn a judgment rendered in a judicial proceeding, made in a proceeding other than within the original action or an appeal from it.

A defendant may make a collateral attack on a judgment entered against him or her in some instances. If a default judgment is entered against the person, he or she may collaterally attack the authority of the issuing court to render it, claiming that there was a lack of Personal Jurisdiction.

Similarly, if a man leaves his wife and moves to another state where he obtains a Divorce that contains no support provisions for the woman, she may directly attack the judgment by appealing it in the state where it was entered or initiate a collateral attack by bringing her own divorce action in her state of residence.

A collateral attack may also be made upon a judicial proceeding in a single state.

collateral attack

n. a legal action to challenge a ruling in another case. For example, Joe Parenti has been ordered to pay child support in a divorce case, but he then files another lawsuit trying to prove a claim that he is not the father of the child. A "direct attack" would have been to raise the issue of parenthood in the divorce action.

References in periodicals archive ?
While dismissing the petition, which argued that there was no "rational basis" for the Congress to classify Marijuana under Schedule I, Judge Alkin K Hellerstein said, "By framing their claim in terms of the statutory factors outlined in Section 8 l 2(b) (1), plaintiffs' lawsuit is best understood as a collateral attack on the various administrative determinations not to reclassify marijuana into a different drug schedule.
Finally, the governor's argument that none of Florida's capital exonerees had "exhausted their legal remedies" is misleading insofar as those remedies in some cases were achieved after their first round of collateral attack.
In sum, Osceola's action is nothing more than a collateral attack on rates approved by FERC pursuant to settlement agreement that preclude any future challenges to those rates," Entergy's motion states.
As the district court concluded, Patrice's complaint was a collateral attack on her civil commitment as she sought to challenge or undermine the commitment orders.
Alberta Provincial Court trial judge Justice Ted Fisher had ruled that a constitutional argument was a collateral attack and could not be used in a criminal trial.
The third point is Fisher's ruling that collateral attack against the province's Wild Life Act by invoking Sect.
Second, it launched a collateral attack on the officer's qualifications to serve as a police officer by cutting off any legal route for him to be able to carry a gun," wrote Ms.
Fisher also said that collateral attack against the province's Wild Life Act by invoking Sect.
4) If that is true, every order entered in those foreclosure cases--including the judgment of foreclosure, the order approving sale, and the order of possession--could be void and subject to direct or collateral attack at any time.
Take, for example, the question of when a collateral attack might be available to absentees wishing to escape the binding effects of a class action judgment.
6) The distinction between void and voidable judgments is important because void judgments are subject to both direct and collateral attack, whereas voidable judgments may be subject to direct attack.
The court has also refused to consider newly presented grounds for relief which were known to the Petitioner at the time of a prior collateral attack on the judgment.

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