How to Use Form SC-135 to Vacate a Default Judgment

If you’re looking for Form SC-214 to vacate a default judgment, the number is wrong. No Judicial Council form carries that designation. The correct form is SC-135, Notice of Motion to Vacate Judgment and Declaration, and you file it with the small claims clerk within 30 days of the date the clerk mailed the Notice of Entry of Judgment.¹ The form asks the judge to cancel the default and put the case back on the calendar so you can be heard.²

The 30-Day Deadline and Who Can File

The deadline is strict: 30 days after the clerk mailed the Notice of Entry of Judgment.¹ The mailing date is printed on the notice itself. The clock starts when the clerk puts it in the mail, not when it lands in your mailbox, so check that date first and work backward from there. Miss the window and the court generally cannot hear the motion; your only remaining route is the appeal process described below.

Either side can file. Defendants use the motion most often, but a plaintiff who missed the hearing and had a cross-claim decided against them can file the same SC-135.³

What Counts as Good Cause

The judge will vacate the judgment only if you show “good cause” for missing the hearing.¹ The statute leaves the term undefined, so judges have discretion, but some reasons carry real weight:

You were never properly served with the claim or the hearing notice. Due process requires actual notice, which makes this one of the strongest grounds.
A genuine, unforeseeable emergency, such as a sudden hospitalization, a serious accident on the way to court, or a death in the immediate family. The emergency must have made attendance impossible, not merely inconvenient.
Active-duty military service that prevented you from appearing, which also triggers separate federal protections covered below.

Reasons that almost never work: forgetting the date, being too busy at work, not realizing the case mattered, or misunderstanding small claims procedure. Judges hear those explanations constantly. The test isn’t whether something came up. It’s whether a reasonably careful person could have avoided missing court.

Completing Form SC-135

Gather your case number, the full court name, the names of all parties exactly as they appear on the original claim, and the mailing date from your Notice of Entry of Judgment. That date proves you’re inside the 30-day window.

The declaration is where the motion is won or lost. It’s a sworn statement signed under penalty of perjury explaining why you didn’t appear. Be specific. “I was in the hospital” is thin. “I was admitted to Kaiser Permanente on [date] with chest pains and was not discharged until [date], two days after the hearing” gives the judge something to weigh. Attach every document that backs the story: discharge papers, police reports, travel records, or a declaration from a process server showing defective service.

Act fast after you learn about the judgment. If you found out on the first of the month and waited until the twenty-eighth to file, the judge may doubt that you took the situation seriously. Filing within days of discovery signals good faith.

Filing, Serving, and the Hearing

File the completed SC-135 and all supporting documents with the small claims clerk. The filing fee is $20.⁴ If you can’t afford it, request a waiver using Form FW-001. The clerk will set a hearing date on the motion.

You must then serve the other party with a copy of the filed form and all attachments. Service in small claims is typically done by personal delivery through someone 18 or older who is not a party, or through the court clerk’s certified mail option where available.⁵ You cannot serve the papers yourself. File a proof of service with the court once service is complete.

Appear in person at the motion hearing, or submit a written justification with a supporting declaration explaining why you can’t attend.¹ Missing a hearing about why you missed the last hearing is as damaging as it sounds. Bring originals of every document you attached, and be ready to explain your situation briefly and clearly.

If the Judge Grants the Motion

A granted motion erases the default judgment. What happens next depends on who is in the courtroom. If both parties are present and agree, the judge can hear the underlying case the same day.¹ Otherwise, the court sets a new trial date.

Prepare for both outcomes. Bring the evidence for your actual defense, not just for the motion: contracts, receipts, photographs, text messages, witness statements. If the motion is granted and both sides agree to proceed, you won’t get a second chance to gather proof. Treat the motion hearing as if the trial could follow immediately, because it can.

If the Judge Denies the Motion

A denial narrows your options but doesn’t end them. You can appeal to the superior court’s appellate division within 10 days of when the court mails or delivers notice of the denial. That window is tight. If the appellate division agrees with you, it can either hear the case itself or send it back to small claims for a new hearing.¹

You can also file a petition for a writ of mandate using Form SC-300, which asks the appellate division to order the small claims court to vacate the judgment. File within 30 days of the ruling you’re challenging. A writ proceeding reviews what happened below, so you cannot introduce new evidence. Include copies of the small claims ruling and all documents submitted to the court, and serve the petition on the other party and the small claims court before filing.⁶

Active-Duty Military Protections

Federal law adds a separate layer for servicemembers. Under the Servicemembers Civil Relief Act, a plaintiff must file an affidavit stating whether the defendant is on active duty before any default judgment can be entered. If the defendant is serving, the court must appoint an attorney to represent them before entering judgment.⁷

If a default judgment was entered against you during your military service or within 60 days after discharge, you can ask the court to reopen it. File within 90 days of your separation from service, and show two things: that military service materially affected your ability to defend the case, and that you have a valid defense on the merits.⁷ This 90-day federal window runs independently of the 30-day state deadline.

1
California Legislative Information. California Code of Civil Procedure 116.730
2
California Courts. Notice of Motion to Vacate Judgment and Declaration (SC-135)
3
California Courts. Ask to Cancel (Vacate) the Judge’s Decision
4
Judicial Branch of California. Statewide Civil Fee Schedule Effective January 1, 2026
5
California Courts. Serve Your Small Claims Forms
6
Judicial Branch of California. SC-300-INFO Information on Writ Proceedings in Small Claims Cases
7
Office of the Law Revision Counsel. 50 USC 3931 – Protection of Servicemembers Against Default Judgments