Collateral attack

Definition

A challenge to the validity of a court judgment made in a separate proceeding rather than through a direct appeal. A party may collaterally attack a judgment by arguing it is void, for example, when the judgment creditor tries to enforce it in a different court.

Examples

• •Petitioner argued that a defendant who believes a court lacks jurisdiction may ignore the proceeding and later collaterally attack the judgment when enforcement is attempted.

Related Terms