I won a default judgment against a corporation in another state. The defendant was properly served but never responded to the complaint. Defendant has told me post-judgment, that the court did not have personal jurisdiction, they will not pay the judgment, and they will wait until I domesticate the judgment in their home forum then file motion to vacate based on lack of personal jurisdiction. (collateral attack on default judgement) I believe I can easily counter their claim and their motion will be denied. Since the 30 day payment period has passed, I have filed with the court for a hearing in which the defendant must show cause as to why they can't afford to pay the judgment (this is the next step in the process). I suspect the defendant will not show for this either.

In my case law research, I can only find cases where the defendant files for a declaratory judgement citing lack of personal jurisdiction in response to an initial court filing. I'm wondering if rather than domesticating in the foreign state, I can preempt and file for a declaratory judgment "after the fact" since the default judgment is already in place but I still have a hearing scheduled to deal with the judgment.

Even if I can file for declaratory on personal jurisdiction, is that decision then binding? I know it is if the defendant brings the action, but what about when the plaintiff brings the action? If the defendant can ignore the judgment under a collateral attack strategy, can they do the same thing with a declaratory judgment (assuming I win it)?

If you won the judgment, you don't have to do anything except for try and collect. If the defendant thinks the court didn't have jurisdiction, then let him/her file to have it dismissed or reheard on those grounds.