Sign in to follow this  
Blackrock

want to attempt a collateral attack on a judgment

Recommended Posts

So I have a this really old judgment.  I want to file an independent action in equity to set aside judgment for lack of personal jurisdiction.  My main question is where do I file the complaint.  In the same place the judgment is or the county where the debt collector resides?

Share this post


Link to post
Share on other sites

I assume you're basing this strategy on Turner v. Pleasant .  If you notice in that case, the Independent Action was filed in the same court that rendered the original judgment.  That court denied the Action and the plaintiff's appealed.

FYI, you have an incredibly high bar to hurdle using this approach, especially on a jurisdictional challenge that could have very easily been reversed on appeal.   The judge in Pleasant was a complete POS.  He's one of only 7 Federal judges to ever be forcibly removed by impeachment, with the House voting unanimously to impeach him.

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Sign in to follow this