A judgment entered against you by a Georgia court that had no personal jurisdiction over you is void, not merely wrong.
What “Void” Means
Under OCGA 9-12-16, “[t]he judgment of a court having no jurisdiction of the person or the subject matter … is a mere nullity and may be so held in any court when it becomes material to the interest of the parties to consider it.” OCGA 9-11-60(f) adds that a judgment “void because of lack of jurisdiction of the person or subject matter may be attacked at any time.” Every other motion to set aside runs on a three-year clock. Murphy v. Murphy, 263 Ga. 280 (1993).
An Example
In Hicks v. Hicks, 193 Ga. 446 (1942), a wife sued her husband in Fulton County for divorce, custody, and alimony. He lived in Florida and was served only by publication. The court granted the divorce and ordered him to pay $15 per week for the children. The Georgia Supreme Court held that part of the judgment “was a personal judgment for alimony, and was void.” It also held that showing up afterward to attack a void judgment is not a waiver, because a contrary rule “would be equivalent to a ruling that a non-resident defendant could not appear to set aside a personal judgment rendered against him.”
The Catch
Personal jurisdiction is a defense you hold, and you can give it away. In Mathews v. Mathews, 244 Ga. 757 (1979), both parties conceded jurisdiction in open court and consented to the decree. The Georgia Supreme Court held that “neither party can thereafter attack the decree as being void for lack of jurisdiction over the person.” A missing element of subject matter jurisdiction is a different problem, and it cannot be waived at all.
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This post is a quick overview of the law and is not intended as legal advice. Please feel free to contact our office for a consultation if you have questions about this or any other legal aspects regarding your case!