US-CaliforniaWhat happens if the defendant does not show up to the small claims hearing?
If the defendant doesn’t show up to a California small claims hearing, the judge may enter a default judgment in favor of the plaintiff — meaning the plaintiff wins automatically, usually for the amount claimed (up to $12,500).
What the Law Says
California law allows a judge to issue a default judgment if a properly served defendant fails to appear at a small claims hearing. The plaintiff must still prove their case, but the burden is lower without opposition.
In California small claims court, defendants must be served with notice of the hearing at least 10 days before the scheduled date (unless waived in writing). If the defendant was properly served and does not appear, the court may proceed with the hearing and enter a default judgment under Code of Civil Procedure section 116.510.
A default judgment means the plaintiff wins the case by default — but the judge still reviews evidence and may award less than the amount claimed. The judgment is enforceable for up to 10 years (renewable) and can be collected through wage garnishment, bank levies, or property liens.
The defendant has only 30 days after the entry of default judgment to file a motion to vacate (set aside) the judgment — but they must show good cause, such as excusable neglect or lack of proper notice.
Statutory TextIf a defendant fails to appear at the hearing, the court may enter judgment against the defendant in accordance with Section 116.510.
— Code of Civil Procedure, § 116.510 — Default judgment
Statutory TextThe court shall give at least 10 days' notice of the hearing to each party who has not waived notice in writing.
— Code of Civil Procedure, § 116.240 — Notice of hearing
What to Do
Confirm the defendant was properly served at least 10 days before the hearing.
Bring all evidence (receipts, contracts, photos, witness statements) to prove your claim.
Ask the judge to enter a default judgment if the defendant doesn’t appear.
File a 'Motion to Vacate Judgment' (Form SC-135) within 30 days if you’re the defendant who missed the hearing — include proof of good cause.
If judgment is entered, begin enforcement steps (e.g., file a Writ of Execution) within 90 days for best results.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.