Void and Voidable Judgments: When a Judgment Can Be Set Aside

Voidable judgments

Most errors make a judgment voidable, not void. A wrong ruling on evidence, a mistaken reading of a statute or an error in applying the law must be raised by a timely post-trial motion or appeal. If no one appeals in time, the judgment becomes final and binding.

Void judgments and Rule 60(b)(4)

Instead, Rule 60(b)(4) applies only in the rare instance where a judgment is premised either on a certain type of jurisdictional error or on a violation of due process that deprives a party of notice or the opportunity to be heard.

United Student Aid Funds, Inc. v. Espinosa, 559 U.S. 260, 271 (2010)

A judgment may be void, for example, when the court lacked personal jurisdiction because the defendant was never properly served, or when a party received no notice at all. A Rule 60(b)(4) motion must be made “within a reasonable time,” but courts often allow void-judgment challenges long after entry.

What Espinosa decided

In Espinosa, a bankruptcy court confirmed a plan discharging student-loan interest without the required proceeding. The creditor had actual notice and did not object or appeal. Because it had notice and an opportunity to be heard, the Court held the order was not void, even though it was legally erroneous.

Collateral attack

A void judgment can sometimes be challenged in a later case (a collateral attack). However, a party who appeared and litigated jurisdiction, or who had notice and chose not to contest it, is generally bound. See void judgment in the glossary.

Researching void judgment in your state

To research void judgment for a real matter, start with the primary sources. For example, read the statute, the rule and the documents in your own file. Then look for recent appellate decisions from your state, because they control how local courts read the law. After that, compare what you found with the federal rules that may also apply. Our state procedures guide and the Research Center can help you find and check each source.

Sources and further reading

Official sources used on this page:

• law.cornell.edu
• static.case.law

Related reading on Lawtopolis:

• Post-Trial Motions: Judgment as a Matter of Law, New Trial and Relief From Judgment
• Enforcing a Money Judgment: Writs of Execution, Liens and Registration
• Motion to Dismiss for Lack of Personal Jurisdiction