overturning default judgement

[argoodlv]

Can a typical small claims default judgement against a no-show corporation defendant be overturned by the defendant at a later time by a showing that the court lacked jurisdiction over a Federal regulatory matter?

 

[JETX]

Probably not, as you asked the question.

Typically, a default judgment is 'overturned' due to failures of the Plaintiff (improper service, wrong party, etc.) and not due to the failure of the defendant to put up a defense. Basically, most courts feel that (assuming the Defendant received proper notice, etc.) he/she had sufficient time to mount their defense at that time.

How do you define "at a later time"?? If it is still within the time allowed for appeal, you could use that as grounds for your appeal. However, if this time has passed and the judgment has been finalized, you probably won't have much success asking the court to re-open the case.

 

[argoodlv]

The issue is whether and how the defendant can overturn the judgement on the basis that it was erroneously obtained, i.e. that the court does not have jurisdiction over this particular federal regulatory matter.

 

[JETX]

Okay, since you seem unwilling to accept my answer.... here is another that you might consider.

Since you know all the facts and issues to be considered, call the court and ask them. They will tell you whether you can or can't. (And if you don't like their answer, then you can talk with an attorney, who will also have the ability to review your full facts and details).

 

[argoodlv]

Perhaps the idea of overturning is in the way. Assume that the default judgement holder attempts to collect on the judgement. What actions may a defendant take, if the underlying court did not have jurisdiction in the matter?

 

[I AM ALWAYS LIABLE]

Perhaps the idea of overturning is in the way. Assume that the default judgement holder attempts to collect on the judgement. What actions may a defendant take, if the underlying court did not have jurisdiction in the matter?

My response:

Lack of subject matter jurisdiction is not waived by failure to plead (Ca Civ Pro § 430.80). Thus, for example, federal preemption may be a defense although never pleaded; if the federal law confers exclusive jurisdiction on federal courts, state courts have no subject matter jurisdiction. [DeTomaso v. Pan American World Airways, Inc. (1987) 43 Cal.3d 517, 520, 235 Cal.Rptr. 292, 293, fn. 1]

But, it makes no difference whether the court had jurisdiction or not, because if the defendant was a "no-show" and failed to appeal the decision in a timely manner, then the decision of the Small Claims Court stands, becoming "res judicata" and "stare decisis" - - at least insofar as your issue and lawsuit is concerned.

Everything in the law MUST come to an end at some point. So, if one of the parties fails to exercise their rights to appeal, then the lower court's decision must be upheld, despite the jurisdictional flaws.

IAAL