http://www.msfraud.org/law/lounge/LawOfVoids.pdf
North Carolina – pages 12-15
“If the order is void, it may be attacked at any time in any proceeding,”
Evans v Corporate Services
, 207
Ill.App.3d 297, 565 N.E.2d 724 (2nd Dist. 1990)
“a void judgment, order or decree may be attacked at any time or in any court, either directly or
collaterally”
Oak Park Nat. Bank v Peoples Gas Light & Coke Col
, 46 Ill.App.2d 385, 197 N.E.2d 73, 77
(1st Dist. 1964)
“that judgment is void and may be attacked at any time in the same or any other court, by the parties or
by any other person who is affected thereby.”. It is also clear and well established law that a void order
can be challenged in any court at any time.”
People v Wade
, 116 Ill.2d 1, 506 N.E.2d 954 (1987)
“A void judgment may be attacked at any time, either directly or collaterally.”
In re Marriage of Macino
,
236 Ill.App.3d 886 (2nd Dist. 1992)
“if the order is void, it may be attacked at any time in any proceeding,”
Evans v Corporate Services
, 207
Ill.App.3d 297, 565 N.E.2d 724 (2nd Dist. 1990)
“a void judgment, order or decree may be attacked at any time or in any court, either directly or
collaterally” – The law is well-settled that a void order or judgment is void even before reversal.
Vallely v
Northern Fire & Marine Ins. Co
., 254 U.S. 348, 41 S.Ct. 116 (1920)
“Courts are constituted by authority and they cannot go beyond that power delegated to them. If they act
beyond that authority, and certainly in contravention of it, their judgments and orders are regarded as
nullities. They are not voidable, but simply void, and this even prior to reversal.”
Old Wayne Mut. I. Assoc.
v McDonough
, 204 U.S. 8, 27 S.Ct. 236 (1907); Williamson v Berry
, 8 How. 495, 540, 12 L.Ed. 1170,
1189 (1850);
Rose v Himely, 4 Cranch
241, 269, 2 L.Ed. 608, 617 (1808).
a court “cannot confer jurisdiction where none existed and cannot make a void proceeding valid.”
People
ex rel. Gowdy v Baltimore & Ohio R.R. Co
., 385 Ill. 86, 92, 52 N.E.2d 255 (1943).
“It is clear and well established law that a void order can be challenged in any court.”
Old Wayne Mut. L.
Assoc. v McDonough
, 204 U.S. 8, 27 S.Ct. 236 (1907)
“A void order which is one entered by court which lacks jurisdiction over parties or subject matter, or lacks
inherent power to enter judgment, or order procured by fraud, can be attacked at any time, in any court,
either directly or collaterally,” People ex rel. Brzica v. Village of Lake Barrington, 644 N.E.2d 66 (Ill.App. 2
Dist. 1994).
“A judgment is characterized as void and may be collaterally attacked at any time where the record itself
furnished the facts which establish that the court acted without jurisdiction.” People v Byrnes, 34
Ill.App.3d 983, 341 N.E.2d 729 (2nd Dist. 1975).
California
Motions to vacate
void judgments may be made at any time after judgment. (County of Ventura v. Tillett
,
supra, 133 Cal. App. 3d 105, 110.).
A judgment is void on its face if
the trial court exceeded its jurisdiction by granting relief that it had
no power to grant
. Jurisdiction cannot be conferred on a trial court by the consent of the parties.
(
Summers v. Superior Court (1959) 53 Cal. 2d 295, 298 [1 Cal. Rptr. 324, 347 P.2d 668];
Roberts v.
Roberts
(1966) 241 Cal. App. 2d 93, 101 [50 Cal. Rptr. 408].)
The court may . . . on motion of either party after notice to the other party, set aside any void judgment or
order.’ (For a discussion of the 1933 amendments to section 473 see
Estate of Estrem
, 16 Cal. 2d 563,
572 [107].
“Obviously a judgment, though final and on the merits, has no binding force and is subject to collateral
attack if it is wholly void for lack of jurisdiction of the subject matter or person, and perhaps for excess of
jurisdiction, or where it is obtained by extrinsic fraud. [Citations.]” (7
Witkin
, Cal. Procedure, supra,
Judgment, § 286, p. 828.).
Section 437, subdivision (d) of U.S. Code, provides that a court, on noticed motion, may set aside void
judgments and orders. Courts also have inherent power to set aside a void judgment. (
Reid v. Balter
(1993) 14 Cal.App.4th 1186, 1194.)
It is well settled that a judgment or order which is void on its face, and which requires only an inspection
of the judgment-roll or record to show its invalidity, may be set aside on motion, at any time after its entry,
by the court which rendered the judgment or made the order. [Citations.]‘ [Citations.]” (Ibid; accord
Plotitsa
v. Superior Court
(1983) 140 Cal.App.3d 755, 761
“[A] court may set aside a void order at any time. An appeal will not prevent the court from at any time
lopping off what has been termed a dead limb on the judicial tree — a void order.” (
MacMillan Petroleum
Corp. v. Griffin
(1950) 99 Cal. App. 2d 523, 533 [222 P.2d 69]; accord:
People v. West Coast Shows, Inc.
(1970) 10 Cal. App. 3d 462, 467 [89 Cal. Rptr. 290];
Svistunoff v. Svistunoff
(1952) 108 Cal. App. 2d 638,
641-642 [239 P.2d 650]; and see: 6 Witkin, Cal. Procedure (2d ed. 1971) Appeal, § 7, pp. 4024-4025.)
A “final” but void order can have no preclusive effect. “’A void judgment [or order] is, in legal effect, no
judgment. By it no rights are divested. From it no rights can be obtained. Being
worthless in itself
, all
proceedings founded upon it are equally worthless. It neither binds nor bars any one.’ [Citation.]” (
Bennett v. Wilson (1898) 122 Cal. 509, 513-514 [55 P. 390].) (Ibid)
“Motions to vacate
void judgments may be made at any time after judgment.”
(
County of Ventura v.
Tillett
, supra, 133 Cal. App. 3d 105, 110.).
“
A judgment is void on its face if the trial court exceeded its jurisdiction by granting relief that it
had no power to grant
. Jurisdiction cannot be conferred on a trial court by the consent of the parties.
“(
Summers v. Superior Court (1959) 53 Cal. 2d 295, 298 [1 Cal. Rptr. 324, 347 P.2d 668];
Roberts v.
Roberts
(1966) 241 Cal. App. 2d 93, 101 [50 Cal. Rptr. 408].)
“Thus, the fact that a judgment is entered pursuant to stipulation does not insulate the judgment from
attack on the ground that it is void.”
In People v. One 1941 Chrysler Sedan
(1947) 81 Cal. App. 2d 18, 21-
22 [183 P.2d 368]
“
Obviously a judgment, though final and on the merits, has no binding force and is subject to
collateral attack if it is wholly void for lack of jurisdiction of the subject matter or person, and
perhaps for excess of jurisdiction, or where it is obtained by extrinsic fraud
.” (7 Witkin
, Cal.
Procedure, supra, Judgment, § 286, p. 828.). Section 437, subdivision (d), provides that a court
