Flashcards Studio

Scenario: In a civil action for collection of a loan, Delta Finance Corp. obtained a final judgment after a regular trial in the defendant’s absence. Service of summons was by substituted service at the defendant’s former business address, which the defendant no longer operates, and at which no officer or employee could be found. The defendant did not appear. About four months after entry, the defendant files a Petition for Relief from Judgment under Rule 47, alleging lack of jurisdiction due to defective service and claiming that the judgment is void for due process purposes. The plaintiff opposes, arguing that collateral attack is improper for mere errors of law or fact and that the defendant should have challenged the judgment by appeal or by a direct motion, and that the petition is timely. (a) Identify the doctrine of collateral attack and the grounds on which it may be availed. (b) Distinguish collateral attack from direct post-judgment remedies, and state the limits and relevant time considerations. (c) Applying the facts, should the defendant be granted relief from judgment through collateral attack? Explain your answer, focusing on lack of jurisdiction due to defective service and the effect on due process.