Void Judgments or Voiding a Judgment

INTRODUCTION

       Void judgments are those that the court did not have jurisdiction right off the bat. When you are talking about jurisdiction there is personam, geographical, and subject matter jurisdiction. In most cases the court is in want of jurisdiction. Notice the phrase "In Want of". You never say "this court lacks jurisdiction", or "this court lacks subject matter jurisdiction". You will lose every time, whether or not you are at the beginning of a case or at a place where you can void a judgment. Understand this one thing. You cannot give up jurisdiction. I'll say it again! YOU CANNOT GIVE UP JURISDICTION. It puts a whole new perspective on how to approach your procedure. Judge Bork said that 85 percent of the people in jail for minor crimes are there because they opened their mouth.

       It is not the purpose of this intro to give you a study on jurisdiction. That will be another lesson. It is sufficient to say, do not do a void unless you understand that the court did not have jurisdiction in the first instant. Things like failure to perfect service, no proof or evidence of a contract, denial of reviewing material issues of facts in dispute before the issuance of summary judgment, and fraud are excellent issues to void any judgment.

       On doing a Void , you must first go to the court that gave the bad judgment first. In most cases you will not be successful in that court because most if not all judges do not think they make mistakes and you will have to mandamus the upper court to make the lower court void the judgment. To date we have had some of our members successfully void a judgment.

Moving on to lesson 1