Form SC-135 Motion to Vacate California Small Claims

A default judgment was entered against you in California small claims court because you missed the hearing. Once the judgment is enforceable, the plaintiff can garnish your wages, levy your bank account, or place a lien on your property. Form SC-135 — Notice of Motion to Vacate Judgment and Declaration — is the path to ask the court to set that judgment aside and get a new hearing.

But the filing window is tight, and the court won't grant it without good cause.

The Two Deadlines

The deadline to file Form SC-135 depends on why you missed the hearing:

Standard default (you knew about the case but didn't appear): File within 30 calendar days from the date the court clerk mails Form SC-130 (Notice of Entry of Judgment). Not 30 days from when you receive the notice — 30 days from the mailing date printed on the form.

Improper service (you were never properly served with the lawsuit): File within 180 calendar days from when you discovered, or reasonably should have discovered, that judgment was entered. This applies when papers were served at the wrong address, left with someone unauthorized, or never delivered at all.

The standard deadline is 30 days; a separate 180-day period applies to a motion based on improper service. If you just learned about a default judgment and you're not sure when it was entered, check the case online through your county Superior Court's public case lookup or call the clerk immediately.

What "Good Cause" Means

For the 30-day standard motion, you must show good cause for missing the hearing. Examples include a medical emergency or lack of notice of the hearing.

"I forgot" or "I didn't think it was important" generally won't qualify. Neither will "I assumed the case would be dismissed because the plaintiff's claim was weak." The court needs a reason that would prevent a reasonably diligent person from attending.

For the 180-day improper service motion, good cause isn't the standard — instead, you're arguing that the court never had jurisdiction over you because service was defective. You'll need to explain why you didn't know about the case and provide evidence of the service defect.

How to File

1. Complete Form SC-135. The form asks for your personal details, the case number, the date judgment was entered, and your declaration explaining why you missed the hearing. Be specific — "I was admitted to [hospital name] on [date] for [condition]" is stronger than "I was sick."

2. Attach supporting evidence. Medical records, travel documents, military orders, or anything that corroborates your stated reason. For improper service claims, include evidence of your actual address versus where papers were served.

3. File with the court clerk. The filing fee is $20. If you can't afford it, file Form FW-001 (Request to Waive Court Fees) at the same time.

4. Serve the plaintiff. Mail or personally deliver a copy of your filed Form SC-135 to the plaintiff, with proof of service using Form SC-104 or SC-112A.

The Hearing

The clerk will give you a hearing date when you file. At this hearing, you explain to the judge why you missed the original trial date. The plaintiff may argue against vacating the judgment.

If the judge grants your motion:

• The default judgment is set aside
• The case is reset for a new trial date where both sides present evidence
• Any enforcement actions (wage garnishment, bank levy) are stopped

If the judge denies your motion, you have 10 calendar days from the mailing date of the denial notice to file Form SC-140 (Notice of Appeal). That appeal is limited in scope — the appellate court reviews whether the judge abused their discretion in denying the vacate motion, not the merits of the underlying case.

Enforcement Stays While the Motion Is Pending

Filing a timely Form SC-135 stays post-judgment enforcement proceedings. That means the plaintiff can't garnish your wages or levy your bank account while your motion is pending. This is one reason to file as early in the 30-day window as possible — the sooner you file, the sooner enforcement stops.

What Happens at the New Trial

If your motion succeeds and the case is reset, the new hearing works exactly like the original one would have. Both sides present evidence, the judge hears testimony, and a judgment is issued on the merits. You'll want to come fully prepared — the court won't be sympathetic if you miss the second hearing too.

The Full Response Process

Whether you're preparing for your first hearing or trying to undo a default judgment, the Responding to a Small Claims Case in California guide covers every stage of the defendant's process — evidence preparation, counterclaims, postponements, remote hearings, and post-judgment options.

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