US-CaliforniaWhat is a 'motion to vacate judgment' in small claims court?
A 'motion to vacate judgment' in California small claims court is a formal request to cancel a judgment that was entered against you, usually because you didn’t receive proper notice or had a valid excuse for missing the hearing.
What the Law Says
California law allows a party to ask the small claims court to set aside (vacate) a judgment if certain conditions are met — most commonly lack of proper notice or excusable neglect.
In California small claims court, a motion to vacate judgment is governed by Code of Civil Procedure section 116.720. This statute permits the court to vacate a judgment if the moving party shows they did not receive actual notice of the hearing date in time to defend the case, or if they have another good reason — such as serious illness or military deployment — that prevented them from appearing.
The motion must be filed within 30 days after the person learns about the judgment, but no later than 180 days after the judgment was entered. The request must be in writing and include facts explaining why the judgment should be vacated.
Unlike other courts, small claims judges cannot grant motions to vacate based solely on 'mistake, inadvertence, surprise, or excusable neglect' — those grounds apply only in limited civil cases under CCP § 473. In small claims, the focus is strictly on notice or other statutory grounds listed in CCP § 116.720.
Statutory TextThe court may vacate a judgment entered under this chapter if the party against whom the judgment was entered establishes that the party did not receive actual notice of the hearing date in time to defend the action.
— Code of Civil Procedure, § 116.720(a) — Motion to vacate judgment
Statutory TextA motion to vacate a judgment under this section shall be made within 30 days after the party learns of the judgment, but no later than 180 days after the judgment was entered.
— Code of Civil Procedure, § 116.720(b) — Time for motion
What to Do
Fill out Form SC-135 (Motion to Vacate Judgment) completely, including facts explaining why you missed the hearing or didn’t know about it.
File the form with the small claims clerk in the same courthouse where the judgment was entered — there is no filing fee.
Serve a copy of the motion on the other party (the judgment creditor) by mail or in person, and complete a Proof of Service (Form SC-104).
Attend the hearing on your motion — the judge will decide whether to vacate the judgment based on your explanation and evidence.
If the motion is granted, the original judgment is canceled and a new hearing date is set.
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.