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Void Judgments

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  • Sacs1@mindspring.com
    Has anyone had experience with void judgments? Besides personal and subject matter jurisdiction, I believe a judgement can be void because of due process
    Message 1 of 2 , May 6 8:21 PM
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      Has anyone had experience with void judgments?
      Besides personal and subject matter jurisdiction, I believe a judgement can be void because of due process violations. The situation I am interested in is a divorce that didn't have the order signed until 13 months after the divorce trial. Because of this delay there was no order to appeal for 13 months and during that time the Defendant suffered a financial loss related to property division due to declining market conditions. IN this order the Plaintiff (wife) was awarded 50% of the retirement and a numerical value was determined. The Defendant was also awarded this same value. Of course after the 13 months the value went down but the wife still wanted the 50% value of the account 13 months earlier. The courts in Georgia heavily side with the woman.
       
      Was this order void because of the 13 month delay in entering it?
       
      What grounds allow one litigant to have a fluctuating value garenteed and another not?
       
      Steve in Georgia
    • Sterling W Wyatt
      First, stop believing and keep studying the difference between void and voidable judgments and reversable error and violation of rights. IMHO, an order in
      Message 2 of 2 , May 9 8:34 AM
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        First, stop "believing" and keep studying the difference between void and voidable judgments and reversable error and violation of rights.   IMHO, an order in violation of rights in not firmly established as a void judgment
         
        Second, no, a long time to publish an order does not make it a void judgment. But,  carefully re-study the two orders and their "Findings of fact..." for your reliance on the second order for your slice of the pie.  No findings of fact...? Ask for one.
         
        Third,  be careful you are with "clean hands" and have dutifully and timely responded to that first order.
         
        Wayne
         
        On Thu, 6 May 2004 23:21:10 -0400 <Sacs1@...> writes in part:
        I believe a judgement can be void because of due process violations.
         
        Of course after the 13 months the [wife's] value went down but the wife still wanted the 50% value of the account 13 months earlier....  Was this order void because of the 13 month delay in entering it?
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