The following form adopts the notice pleadings format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another.
This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
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The decision in The Marshalsea goes on to explain the effects of this distinction; a voidable judgment is by definition open to direct attack, but it is not open to collateral attack; only a void judgment may be impugned in collateral as well as direct proceedings.
In other words, when a Defendant is served with a summons and complaint pursuant to CPLR §308(2), he has thirty days to answer, but his thirty days does not start to run until ten days after the Plaintiff files the affidavit of service for the summons and complaint with the court.
A void order is one that is not enforceable because it is missing some essential element that makes it valid. For example, an order made by a judge who lacked jurisdiction over the matter, or an order that violates due process of law, would be considered void.
In contract law, the term "null and void" means the contract was never valid. Therefore, the contract has no legal effect. This is different from having a contract invalidated.
Judgment is a void judgment if court that rendered judgment lacked jurisdiction of the subject matter, or of the parties, or acted in a manner inconsistent with due process, Fed. Rules Civ.
You can tell the clerk that you want to file an order to show cause (?OSC?). On the OSC form you can tell the court why they should vacate this judgment based on either excusable default, lack of personal jurisdiction, or both. The OSC should include 1) a reasonable excuse and 2) a good defense.
Judgment is a void judgment if court that rendered judgment lacked jurisdiction of the subject matter, or of the parties, or acted in a manner inconsistent with due process, Fed. Rules Civ. Proc., Rule 60(b)(4), 28 U.S.C.A., U.S.C.A. Const.
