Credithrift of America No. 2, Inc. v. Jackson

I respectfully dissent.

The judgment from which the Jacksons appeal was a judgment on a petition for nullity of judgment. A final judgment shall be annulled if it has been rendered against a defendant who has not been served with legal process. LSA-C.C.P. art. 2002(2). Without valid personal service of process on a defendant a court has no personal jurisdiction over that party and no legal power to render a judgment against that party. LSA-C.C.P. arts. 1 and 6.

The return of service, when received by the court and filed in the record, is considered prima facie correct. LSA-C.C.P. art. 1292.…