The judgment of a court having no jurisdiction of the person or the subject matter or which is void for any other cause is a mere nullity and may be so held in any court when it becomes material to the interest of the parties to consider it.
§ 9-12-16.Validity of judgment when court does not have jurisdiction
Chapter 12. Verdict and Judgment · Article 1. General Provisions · Last amended 1933 · Last verified July 17, 2026
In one sentenceO.C.G.A. § 9-12-16 declares that a judgment entered by a court lacking personal or subject-matter jurisdiction, or void for any other reason, is a mere nullity that any court may recognize as such whenever it matters to the parties' rights.
Full Text of § 9-12-16
Plain-English Summary
Some judgments are not just wrong — they are nothing at all. This section describes that category: the judgment of a court having no jurisdiction of the person or the subject matter, or which is void for any other cause, is a mere nullity.
That label matters because it separates void judgments from ones that are merely erroneous. An erroneous judgment stands until reversed through the ordinary appellate process; a void judgment never had legal force to begin with, so no party has to overturn it through that process to be free of it.
Because a void judgment carries no legal effect, this section lets any court treat it as a nullity whenever and wherever it becomes material to the parties' interests — not only in a proceeding brought specifically to attack it. That flexibility is what makes a jurisdictional defect so different in consequence from an ordinary mistake in the proceedings below.
Frequently Asked Questions
What makes a judgment a “mere nullity” under this section?
The rendering court's lack of jurisdiction over the person, lack of jurisdiction over the subject matter, or any other cause that makes the judgment void.
Where can a void judgment be challenged?
In any court, whenever it becomes material to the interest of the parties.
Does a party need a separate proceeding just to attack a void judgment?
No. The statute lets a void judgment be treated as a nullity wherever and whenever it matters, not only in a dedicated attack proceeding.
Is a void judgment the same as one that is merely erroneous?
No. This section addresses void judgments specifically — ones lacking jurisdiction or void for some other cause — not judgments that are merely mistaken but otherwise valid.
What is the practical effect of calling a judgment “a mere nullity”?
It's treated as having no legal effect at all, so it can be disregarded rather than needing to be formally reversed.
Amendment History
Orig. Code 1863, § 3513; Code 1868, § 3536; Code 1873, § 3594; Code 1882, § 3594; Civil Code 1895, § 5369; Civil Code 1910, § 5964; Code 1933, § 110-709.
Source & verification. Section text and amendment history are
reproduced verbatim from the Official Code of Georgia Annotated, published by the
Official Code of Georgia Annotated, Georgia Code Revision Commission / LexisNexis. Last verified July 17, 2026.
· Official source
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