How to File a Motion to Vacate Judgment in California

To file a motion to vacate a judgment in California, you file a Notice of Motion and Motion to Vacate in the same court that entered the judgment, cite the Code of Civil Procedure section that fits your situation (most often 473(b), 473.5, or 473(d)), attach a sworn declaration and — for most grounds — a proposed answer, pay the filing fee, and serve the other side with enough notice for a hearing. The section you rely on controls your deadline, your paperwork, and what you have to prove, so that choice comes first.

Pick the Legal Ground That Fits

Four grounds cover almost every motion to vacate.

You were never actually served with the lawsuit. Code of Civil Procedure section 473.5 lets you set aside a default or default judgment when service did not give you actual notice in time to defend, as long as your lack of notice was not caused by avoiding the process server or your own inexcusable neglect.¹ Section 473.5 currently has a sunset date of January 1, 2027, though the legislature has historically extended it.

You knew about the case but missed the deadline because of an honest mistake. Section 473(b) covers mistake, inadvertence, surprise, or excusable neglect — a medical emergency, a death in the family, bad advice from a lawyer. The court has discretion to grant relief on whatever terms it considers fair.² Under this ground you also have to sketch out a meritorious defense to the underlying lawsuit; courts will not reopen a case just so you can lose it again. That meritorious-defense requirement does not apply to motions under section 473.5 or 473(d), because those attack the court’s authority to enter the judgment in the first place.

Section 473(b) also has a mandatory variant. If a default, default judgment, or dismissal resulted from an attorney’s own mistake, the attorney can file a sworn affidavit taking responsibility, and the court must vacate — the statute uses “shall.”² The court can penalize the attorney up to $1,000 or direct a payment to the State Bar Client Security Fund, but cannot condition your relief on the attorney paying compensatory fees or sanctions.

The judgment is void. Section 473(d) applies when the court had no power to enter the judgment — typically because it lacked jurisdiction over you or over the subject matter, usually from completely invalid service rather than sloppy service.² A judgment that is merely wrong or unfair is not void. Some appellate courts have tried to borrow the two-year limit from section 473.5 by analogy, but the California Supreme Court has pushed back on that when the judgment is truly void for lack of personal jurisdiction.

Fraud or extrinsic misconduct. If the other side obtained the judgment by preventing you from participating — telling you the case had been dismissed, for instance — you can pursue an independent equitable action to set the judgment aside. This is the primary route once the statutory deadlines have passed.

Know Your Deadline

Deadlines vary by ground and courts enforce them strictly:

Excusable neglect or mistake under section 473(b): a reasonable time, but no more than six months after the judgment was entered. For some property cases, this shrinks to 90 days if you are served with a specific written notice.²
Mandatory attorney-fault relief under section 473(b): six months after entry of judgment.
Lack of actual notice under section 473.5: a reasonable time, but no later than two years after entry of the default judgment or 180 days after you are served with written notice of it, whichever is earlier.¹
Void judgment under section 473(d): no statutory deadline. A void judgment can be challenged at any time.

The six-month clock under 473(b) runs from entry of judgment, not from when you found out. Waiting until month five without an explanation for the delay is risky even though you are technically inside the window.

What to File

Your filing package has a few required pieces.

The Notice of Motion and Motion to Vacate identifies which statutory section you are relying on and states the relief you want.

A supporting declaration — a sworn written statement — lays out the facts. If you are moving under section 473.5, the declaration should explain how you were unaware of the lawsuit and why that was not your fault. If you are moving under 473(b), it should describe the mistake or emergency and why you acted as promptly as you could once you learned of the problem.

A proposed answer or other responsive pleading must be attached under both section 473(b) and section 473.5. This is where self-represented filers most often trip up. The statutes say the application “shall not be granted” without it.²¹ Draft the answer to the complaint and file it with the motion.

An attorney’s affidavit of fault, if you are seeking mandatory relief, must accompany the motion and attest that the default resulted from the attorney’s own mistake, inadvertence, surprise, or neglect.²

Filing Fees

The filing fee for a motion requiring a hearing in Superior Court is $60.³ In small claims court, a motion to vacate costs $20. If you cannot afford the fee, request a waiver on Judicial Council form FW-001.⁴

Serving the Other Side and Setting the Hearing

After filing, you must serve the motion on every opposing party under Code of Civil Procedure section 1005. Personal delivery or service by mail is standard, and if the opposing party has a lawyer, mailing it to the lawyer is usually enough. File the proof of service with the court. Defective service can push back the hearing or knock out the motion before a judge reviews the merits.

You must give at least 16 court days’ notice of the hearing. Add five calendar days if you served by mail within California, 10 calendar days if either address is outside California but within the United States, and two calendar days for overnight delivery. The opposition is due at least nine court days before the hearing, and any reply from you is due at least five court days before.⁵

Stop Enforcement While the Motion Is Pending

Filing the motion does not automatically stop wage garnishments, bank levies, or other collection. The creditor can keep enforcing unless you separately ask the court for a stay. Code of Civil Procedure section 918(a) gives the trial court discretion to stay enforcement of any judgment or order, and you can request it with the motion or by ex parte application if enforcement is imminent.⁶

Without the opposing party’s consent, the stay generally cannot extend more than 10 days past the last date to file a notice of appeal, and the court can require a bond.⁶ If money has already been taken from your bank account or paycheck, you may need to file a separate claim of exemption to protect funds you need for basic living expenses.⁷ Do not assume the motion alone protects you. This is where people lose money they could have kept.

At the Hearing

The judge reads what was filed and hears argument. Expect direct questions about whether you met the deadline, whether your reason fits the statute, and — for excusable-neglect motions — whether you have a real defense on the merits. If facts are disputed, the judge may take testimony or ask for more briefing. Some judges rule from the bench; others take the matter under submission.

California courts generally permit remote appearances at motion hearings by video or phone under Rule 3.672 of the California Rules of Court.⁸ To appear remotely, file a Notice of Remote Appearance (form RA-010) at least two court days before the hearing. The judge can still require you to appear in person.

If the Motion Is Granted

A successful motion sets aside the judgment and puts the case back where it was before the judgment was entered. For default judgments, that means the case is live again and you file your responsive pleading within whatever time the court’s order sets.⁹ In small claims, the judge may hold a new trial the same day or set one later.

Relief can come with conditions. Under section 473(c), a judge may penalize an attorney or party up to $1,000 for the conduct that led to the default, or direct the attorney to pay up to $1,000 to the State Bar Client Security Fund.² The court can also require you to pay some of the opposing party’s costs. When the mandatory attorney-affidavit route is used, the court cannot condition your relief on the attorney paying compensatory legal fees or monetary sanctions.

If garnishments or levies were active, getting the judgment vacated should stop them, but you may need a separate court order directing the levying officer to release seized funds.

If the Motion Is Denied

A denial leaves the judgment in place, but three paths remain.

A motion for reconsideration under section 1008(a) goes back to the same judge, but only if you have new facts, changed circumstances, or new law you did not present before. It is due within 10 days after you are served with written notice that the order was entered.⁵ A renewed application under section 1008(b) has no time limit but still requires new facts or law.¹⁰

An appeal is available. When a motion to vacate was filed within the normal appeal period, your time to appeal becomes the earliest of 30 days after the clerk or a party serves the order denying the motion, 90 days after the motion was filed, or 180 days after entry of the original judgment.¹¹

An independent equitable action — a separate lawsuit to set aside the judgment — is available when fraud or extrinsic misconduct kept you from fully participating in the original case. It survives after statutory deadlines have passed, but it is a harder case to win.

1
California Legislative Information. California Code of Civil Procedure Section 473.5
2
California Legislative Information. California Code of Civil Procedure Section 473
3
California Courts. Statewide Civil Fee Schedule
4
California Courts. Request to Waive Court Fees FW-001
5
Justia Law. California Code of Civil Procedure Sections 1003-1008
6
California Legislative Information. California Code of Civil Procedure Section 918
7
Judicial Branch of California. What Happens If You Receive a Judgment in a Debt Lawsuit
8
Judicial Branch of California. California Rules of Court Rule 3.672 – Remote Proceedings
9
Judicial Branch of California. Ask to Cancel (Vacate) the Judge’s Decision
10
Judicial Branch of California. Options Other Than Appealing
11
Judicial Branch of California. California Rules of Court Rule 8.108 – Extending the Time to Appeal