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How do I file a motion to vacate a Judgement in California?

Use the form called Notice of Motion to Vacate Judgment and Declaration (SC -135) to say why you did not go to the hearing. You have to pay a filing fee. If you are unable to pay the filing fee, you may apply to the court to have the fees waived. File your documents at the court where the case was filed.

What is a SC 135 form?

If you were sued and lost because you did not appear in court, you can file an SC-135 Notice of Motion to Vacate Judgment. By filing this motion, you are asking the court to cancel the judgment entered against you and to give you a new trial.

What happens after entry of default California?

When a default is entered, the party who requested the entry of default must obtain a default judgment against the defaulting party within 45 days after the default was entered, unless the court has granted an extension of time.

What is the SC 105 used for?

This form is used to ask the court to make an order before or after the trial in a small claims case. The court will notify all plaintiffs and defendants in this case about its decision by mail, at the trial, or at a hearing (depending on when the request is filed).

How do I vacate a Judgement in California?

Use the form called Notice of Motion to Vacate Judgment and Declaration (SC -135) to say why you did not go to the hearing. You have to pay a filing fee. If you are unable to pay the filing fee, you may apply to the court to have the fees waived. File your documents at the court where the case was filed.

sc 135

form sc-135 instructions what happens after a judgement is vacated how long do you have to vacate a judgement? motion to vacate judgment form sc-140 form motion to vacate default judgment sc-100 form notice of motion to vacate judgment

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What does it mean to vacate a decision?

To ask a court to set aside (cancel) a court order or judgment, you have to file a \u201crequest for order to set aside,\u201d sometimes called a \u201cmotion to set aside\u201d or \u201cmotion to vacate.\u201d The terms \u201cset aside\u201d or \u201cvacate\u201d a court order basically mean to \u201ccancel\u201d or undo that order to start over on a particular issue.

What happens if you don't show up to small claims court?

If the case is decided without a hearing or one side doesn't attend, the court will send a copy of the judge's reasons to each side. If you win, the judge will order the defendant to pay you.

What does it mean to vacate a decision?

To ask a court to set aside (cancel) a court order or judgment, you have to file a \u201crequest for order to set aside,\u201d sometimes called a \u201cmotion to set aside\u201d or \u201cmotion to vacate.\u201d The terms \u201cset aside\u201d or \u201cvacate\u201d a court order basically mean to \u201ccancel\u201d or undo that order to start over on a particular issue.

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