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To vacate a default judgment, do the following: 1. Get the form called Notice of Motion to Vacate Judgment from the small claims clerk. 2. Fill the form out and file it with the small claims clerk with a filing fee.
Get the form SC-135: Notice of Motion to Vacate Judgment. You must explain on the form why you did not come to court. File the form with the Small Claims Court Clerk's Office at the court where your case was heard. Pay the filing fee.
You must file an appeal within 30 days from when the judge's decision (the Notice of Entry of Judgment (form SC-130 or SC-200)) was handed or mailed to you.
TIME LIMIT: The request to correct or vacate the judgment must be filed with the court no later than 30 days after the clerk mailed the Notice of Entry of Judgment (SC-130) to the parties.
Section 663a - Motion to set aside and vacate judgment (a) A party intending to make a motion to set aside and vacate a judgment, as described in Section 663, shall file with the clerk and serve upon the adverse party a notice of his or her intention, designating the grounds upon which the motion will be made, and ...