Legal Question in Civil Litigation in California
Lack of Jurisdiction
How can you get a judgment vacated by a court which has no jurisdiction over the person or subject matter of a case?
5 Answers from Attorneys
Re: Lack of Jurisdiction
Hire an attorney to file a motion to vacate the judgment.
Re: Lack of Jurisdiction
You will need to collaterally attack the judgment by filing a motion to have it thrown out for lack of subject matter/personal jurisdiction.
Matthew Mickelson
Mickelson & Mickelson
16055 Ventura Blvd., Suite 1230
Encino, CA 91436
818-382-3360
Re: Lack of Jurisdiction
It's very unusual for a court to enter a judgment where it lacks subject matter jurisdiction, though mistakes about whether a particular person is within the court's jurisdiction are much more common. Are you really sure that this is what happened here? If your assessment is mistaken, there may be nothing you can do about the judgment.
There are several ways to do this; which way is best for you will depend upon the nature of the case, which court it was in, and how old the judgment is.
You should have a lawyer do this for you, because pro pers often get tripped up on procedural matters and a mistake here could leave the judgment intact and leave you with no viable way to challenge it.
Re: Lack of Jurisdiction
By filing an appropriate motion to vacate with the court and having a hearing on it. The motion requires credible and admissible evidence of your allegations and facts. There are time limits, so it must be done quickly. Contact me if interested in doing so.
Re: Lack of Jurisdiction
A Motion to quash serivce of process would have to be filed. We will need your documentation and a copy of what was filed with the Court. Please contact our office at 714 363 0220 to review your documentation.