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Collateral Attack

judgment entered proceeding divorce

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 Estoppel - Requirements, Persons Affected, Limitations, Criminal Matters [next]

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over 10 years ago

How do you go about making a collateral attack? Are there elements that need to be fulfilled?

More explanation would be helpful, as a definition only answers half the question.