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Answered By: Librarian 03
Last Updated: May 09, 2022     Views: 2403

How can I get a default judgment vacated/set aside?

If you are sued in a lawsuit and do not properly respond, the court may enter a judgment against you in favor of the plaintiff, called a default judgment. If a default judgment has been entered against you there may be ways to have it vacated or set aside. Below are resources and forms for vacating or setting aside default judgments.

 

The California Courts have a webpage on how to Vacate a Default Judgment in small claims cases, including information on deadlines, forms to use, what to expect if the judge vacates your judgment, and appealing the denial of a motion to vacate.

 

The Sacramento Law Library has created a guide called RELIEF FROM DEFAULT JUDGMENT: How to Reopen a Case the Plaintiff Won Because You Did Not Respond.

 

The publication California Law & Motion Model Forms is available on our library research computers in the Westlaw database and in print format at the library reference desk. This publication has several sample motions for vacating default judgments, such as:

 

  • Chapter 10A. Sample Motion to Vacate Default Judgments on Equitable Grounds
  • Chapter 11. Sample Motion for Relief from Default/Judgment (Defective Notice)
  • Chapter 12. Sample Motion for Relief from Default/Judgment (Improper Venue)
  • Chapter 13. Sample Motion for Relief from Default / Judgment / Dismissal (Mandatory—Attorney Declaration of Fault)