SMALL CLAIMS

HOW A PLAINTIFF CANVACATE A JUDGMENT

If you were the plaintiffin a case and did not appear at your small claims hearing, AND a judgment was entered in that case, you may submit a MOTION TO VACATE the judgment.

PLAINTIFF CAN MAKE A MOTION TO VACATE A JUDGMENT IF (S)HE DID NOT APPEAR AT THE HEARING IN SMALL CLAIMS COURT

If you, the plaintiff, did not appear at the hearing in small claims court, you may file a motion to vacate the judgment within 30 days after the clerk mailed the notice of entry of judgment to the parties. (Code of Civil Procedure, Section 116.720(a))

HOW TO MOVE TO VACATE A JUDGMENT

  1. You can get the “NOTICE OF MOTION TO VACATE JUDGMENT AND DECLARATION” (SC 135) from any Justice Center in Orange County or you can download it from our website, (See Getting Forms From the Internet below).
  2. Once you prepare the Notice of Motion to Vacate Judgment, you file it (within 30 days of when the clerk mailed the notice of entry of judgment) with the same Justice Center in which the original claim was filed.
  3. Pay the filing fee.

SCHEDULING THE HEARING ON THE MOTION TO VACATE

After you file a motion to vacate the judgment with the court, the court clerk will mail both parties written notice of the date, time, and place of the hearing on the motion. The hearing on the motion to vacate will be scheduled at least ten days after the clerk mails this notice. (Code of Civil Procedure, Section 116.720(b))

WHAT TO EXPECT AT THE HEARING ON THE MOTION TO VACATE

The court will hear the motion to vacate regardless of whether the defendant is present or not. You will explain why the judgment should be vacated. Make sure to bring all witnesses, books, receipts, and other papers that support your case to the hearing. If you show good cause for vacating the judgment, the court will grant the motion. (Code of Civil Procedure, Section 116.720(c))

IF THE MOTION IS GRANTED

If the court grants the motion, all parties are present, AND all parties agree to continue, the court may hear the case on the same day without rescheduling it. Otherwise, the judge or clerk will schedule the case to be heard on a future date. (Code of Civil Procedure, Section 116.720(d))

GETTING FORMS FROM THE INTERNET

How to download the Notice of Appeal from the Internet

  1. The web page is
  2. Click on “Small Claims Info.”
  3. Click on “AllClaim Forms”
  4. Click on “SC 135” (Motion to Vacate)

Updated: October, 2013

Produced by the Small Claims Court Advisory Program of the Legal Aid Society of OrangeCounty

Phone (714) 571-5277 Website (