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A collateral attack, also called an indirect attack, is a challenge on the validity of a prior judgment through a new case rather than by a direct appeal . Examples include habeas corpus petitions and claims that a prior judgment was invalid after the opposing party cites it for strategic advantage in a new case.
A collateral attack is a legal challenge to a judgment or conviction brought in a proceeding other than a direct appeal. This strategy seeks to undermine or overturn the original judgment through indirect means, typically by questioning the court's jurisdiction or the fairness of the proceedings that led to the judgment.
A collateral attack, in other words, is an attempt to avoid the binding effect of a judgment in order to obtain specific relief that the judgment currently impedes.
A collateral attack is a legal challenge to a prior court decision that is made in a separate, ongoing case, rather than during a direct appeal of the initial decision. The challenge typically argues that the earlier decision contained an error that significantly impacted the outcome of the case.
For said reason, the complaint would amount to a collateral attack on the title which was proscribed under the principle of indefeasibility of a Torrens title. To rule that the action for reconveyance was not a collateral one would result in the nullity of the decree of registration.
A collateral attack is defined as an attack, made as an incident in another action, whose purpose is to obtain a different relief.34 Accordingly, there is a collateral attack on the validity of marriage when, as an incident in a pending action not precisely brought to nullify the marriage, an attack is made impugning the validity of marriage to ...
A collateral attack is defined as an attack, made as an incident in another action, whose purpose is to obtain a different relief. [30] This is proper only when the judgment, on its face, is null and void, as where it is patent that the court which rendered said judgment has no jurisdiction. [31]
Feb 7, 2022 · A collateral attack, in other words, is an attempt to avoid the binding effect of a judgment in order to obtain specific relief that the judgment currently impedes.
The attack is considered direct when the object of an action is to annul or set aside such proceeding, or enjoin its enforcement. Conversely, an attack is indirect or collateral when, in an action to obtain a different relief, an attack on the proceeding is nevertheless made as an incident thereof.
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.
