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Collateral attack: definition of the day

collateralattack2.jpegAlso known as an indirect attack. A collateral attack occurs when a prior judgment is used as the basis for a new claim or defense to a claim in a different court, and the opposing party argues that the prior judgment is invalid. Habeas corpus claims are a type of collateral attack. See e.g. Miller-El v. Dretke 545 U.S. 231 (2005).