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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.
An attack on the validity of the title is considered to be a collateral attack when, in an action to obtain a different relief and as an incident of the said action, an attack is made against the judgment granting the title. 23 Cagatao’s original complaint before the RTC was for the cancellation of TCT No. T-249437 in the name of the ...
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 an attack, made as an incident in another action, whose purpose is to obtain a different relief. In other words, a party need not file an action to purposely attack a void judgment; he may attack the void judgment as part of some other proceeding.
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.
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.
