Void Judgments or Voiding a Judgment

LESSON 1 Void Judgments

What is voiding a judgment?

First of all the objective that you should keep in mind is to not have to get to the point of having to go into court to void a judgment! I know it sounds easier that the mere statment, but if you attack jurisdiction the right way in the beginning, you will not be at this point. You will have to see out lesson on "Jurisdiction" to understand this. A void judgment comes into being when there is not sufficency of pleading to fully establish the court having personam (personal) or subject matter jurisdiction. In other words, neither party has firmly set that the court has juridiction in the matter.

Black's Law Dictionary, Sixth Edition, page 1574:
Void judgment. One which has has no legal force or effect, invalidity of which may be asserted by any person whose rights are affected at any time and at any place directly or collaterally. Reynolds v. Volunteer State Life Ins. Co., Tex.Civ.App., 80 S.W.2d 1087, 1092. One which from its inception is and forever continues to be absolutely null, without legal efficacy, ineffectual to bind parties or support a right, of no legal force and effect whatever, and incapable of confirmation, ratification, or enforcement in any manner or to any degree. Judgment is a "void judgment" if court that rendered judgment lacked jurisdiction of the subject matter, or of the parties, or acted in a manner inconsistent with due process. Klugh v. U.S., D.C.S.C., 610 F.Supp. 892, 901. See also Voidable judgment.

As far as getting a judgment voided we need to look at some things first. The authorities on attacking a void judgment are found here in part. A void judgment or order is one that is entered by a court lacking jurisdiction over the parties or the subject matter, or lacking the inherent power to enter the particular order or judgment, or where the order was procured by fraud. Never think for one minute that you can easily get this type of order without blood, sweat, and tears.

Judgment is a "void judgment" if court that rendered judgment lacked jurisdiction of the subject matter, or of the parties, or acted in a manner inconsistent with due process. In other words when a court is in want of jurisdiction from the first instant, any judgment they render is as if there was no judgment. An example of this is, say party A want to sue you for a money judgment. If they serve your neighboe, friend or family member, whom you have not given the authority to receive papers for you, Party A has not served you and any judgment made because you did't show up to court, not knowing when court was in on the matter because you were not informed, you could essentially void that judgment. That does not mean they will not come back to try to serve you and try to get you in court another time. It is just an example of the many reasons a judgment can be void.

Since jurisdiction can be challenged at any time, even when a court was in want of jurisdiction or a judgment was procured by fraud, you can and must challenge jurisdiction to void the judgment.

Now we need to look at vacating a judgment, vacating a void judgment, and voiding a judgment. One is statutorily done and one comes from the inherant power of a ministeral court. The law states that all courts have jurisdiction to vacate void orders. For at least three reasons he issued a void judgment.

As many court have ruled and recognized, "it is clear and well established law that whenever an officer of the court makes any misrepresentations, whether of commission, of omission, of silence, or of concealment, that attorney (officer of the court) commits "fraud upon the court", and deprives the judge of jurisdiction."

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