California Small Claims Default Judgment

You missed the hearing date on your small claims papers. Maybe you didn't realize what the form meant, maybe something came up, or maybe you assumed ignoring it would make it go away. Now the court mailed you Form SC-130 — Notice of Entry of Judgment — and the plaintiff won.

A default judgment in California small claims court isn't the end of the road, but the clock to fix it is short. Here's what actually happened, what it means for you, and how to undo it if you have grounds.

How Default Judgments Work in Small Claims

When a defendant doesn't appear at the scheduled hearing, the judge doesn't automatically hand the plaintiff a win. Under California law, the judge still reviews the plaintiff's evidence and must find that a prima facie case exists before entering judgment.

But without you there to dispute the facts, challenge the amount, or present your side, the plaintiff is presenting evidence to an empty chair. The judge has nothing to weigh against their claims.

If the judge finds the plaintiff proved their case, the court enters a default judgment for the amount requested — up to $12,500 for individual plaintiffs or $6,250 for business entities.

What the Plaintiff Can Do With a Default Judgment

Once a default judgment is entered and becomes enforceable (typically after 30 days if no appeal or motion to vacate is filed), the plaintiff becomes a judgment creditor with access to California's enforcement tools:

• Wage garnishment — a levying officer can collect part of your paycheck through a Writ of Execution (Form EJ-130). California limits withholding to the lesser of 20% of disposable earnings or 40% of the amount by which disposable earnings exceed the applicable minimum-wage threshold.
• Bank levy — the sheriff can seize funds from your bank account
• Property lien — an Abstract of Judgment filed with the county recorder creates a lien on any real property you own in that county
• Post-judgment interest — accrues at 10% per year under CCP § 685.010

The judgment also becomes a public court record. Final judgments remain part of the public court index for 10 years.

The 30-Day Window: Motion to Vacate (Form SC-135)

If you missed the hearing and a default judgment was entered, your primary remedy is Form SC-135 — Notice of Motion to Vacate Judgment and Declaration.

The deadline: 30 calendar days from the date the court clerk mails Form SC-130. Not 30 days from when you receive it — 30 days from the mailing date printed on the form. A separate 180-day period applies to a motion based on improper service.

To file Form SC-135, you must show "good cause" for missing the hearing. Examples identified in California's small claims guidance include:

• Medical emergency or hospitalization on the hearing date
• Failure to receive the hearing notice (explain why)

The filing fee is $20, waivable with an approved Form FW-001 fee waiver.

When you file the motion, the court schedules a hearing where you explain why you missed the original date. If the judge grants your motion, the default judgment is set aside and the case is reset for a new trial where both sides present evidence.

Filing a timely Form SC-135 also stays enforcement — the plaintiff can't garnish your wages or levy your bank account while the motion is pending.

The 180-Day Window: Improper Service

There's a longer deadline if you were never properly served with the lawsuit papers in the first place. Under CCP § 116.740, you can file Form SC-135 within 180 calendar days after you discover (or should have discovered) that a judgment was entered.

This applies when:

• Papers were left with someone who wasn't a competent adult at your residence
• Service was attempted at an old address where you no longer live
• The process server served the wrong person entirely
• You never received any papers at all and only learned about the judgment through a wage garnishment or credit report

For this type of motion, you're not arguing "good cause for missing the hearing" — you're arguing the court never had jurisdiction over you because service was defective.

If the Court Denies Your Motion

If the judge denies your Form SC-135 motion, you have just 10 calendar days from the date the denial is mailed to file Form SC-140 (Notice of Appeal). The appeal fee is $75.

This appeal has a narrow scope. The appellate court reviews only whether the lower court abused its discretion in denying the vacate motion — it doesn't retry the whole case.

Prevention Is Simpler Than the Fix

The entire motion-to-vacate process — filing fees, a second hearing, the stress of enforcement hanging over you — exists because of one missed court date. If you've been served and your hearing is still coming up, showing up is almost always the better path, even if you think the plaintiff has a strong case.

You don't need to file any written answer beforehand. Just appear, present your evidence, and let the judge hear both sides.

The Responding to a Small Claims Case in California guide covers exactly what to do from the day you're served through the hearing and beyond — including how to prepare evidence, file a counterclaim, and request a postponement if you need more time.

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