What is the step-by-step procedure for vacating a default judgment from a California court?

To vacate a default judgment in California, you must file a formal request, called a motion, with the court that issued the judgment, explaining why you failed to respond to the lawsuit in time. Success depends on acting quickly and providing a valid legal reason for your failure to appear. Here is the step-by-step procedure: Step 1: Determine Your Legal Reason and Deadline You must have a valid legal reason for the court to cancel the judgment. The most common reasons are: - Mistake, Surprise, or Excusable Neglect: You have six months from the date the default was entered to file this motion. This applies if you had a reasonable excuse for not responding. - Lack of Actual Notice: If you were never properly served with the lawsuit papers and didn't know about the case, you have two years from the date the default judgment was entered, or 180 days from when you received written notice of the judgment, whichever is earlier. - The Judgment is Void: If the plaintiff failed to serve you correctly at all, the judgment may be void. There is no strict deadline, but you must act with reasonable diligence after learning of the judgment. Step 2: Prepare Your Court Forms You will need to prepare several documents. You can find forms on the California Courts website (courts.ca.gov) or at the courthouse self-help center. - Notice of Motion to Set Aside Default (You may use form SC-135 for small claims or draft a formal motion for civil court). - Declaration: A sworn written statement explaining the facts that support your legal reason from Step 1. Be detailed and honest. - Proposed Response: You must include a copy of the Answer or other legal response you plan to file if the judge grants your motion. This shows the court you are ready to defend the lawsuit. Step 3: File Your Motion with the Court Clerk Take your completed forms to the clerk's office in the courthouse where the judgment was entered. You will have to pay a filing fee. If you cannot afford the fee, you can ask for a fee waiver. The clerk will stamp your documents and assign a date for your court hearing. Step 4: Serve the Other Party You must have another adult (not you) mail a copy of your filed motion to the person or company who sued you (the plaintiff) or their attorney. The person who mails the papers must then sign a Proof of Service form. You must file the original signed Proof of Service with the court clerk before your hearing. Step 5: Attend Your Hearing Go to court on your scheduled hearing date. The judge will ask you to explain why the judgment should be set aside. The other party will also have a chance to speak. The judge will then decide whether to grant or deny your motion. Important Details and Nuances: You must act as soon as you learn about the judgment. Unreasonable delay can cause a judge to deny your request, even if you have a good reason. If your wages are being garnished or your bank account is levied, you can also ask the judge for an order to temporarily stop the collection while your motion is pending. Warnings and Limitations: Filing a motion does not automatically stop collection efforts or guarantee that the judgment will be vacated. The deadlines are strict; if you miss them, you permanently lose your right to challenge the judgment on these grounds. This is general information and does not constitute legal advice. For complex situations or if a large amount of money is involved, you should consult with a qualified California attorney.