California, United States · civil

How to Set Aside a Default Judgment in California

A default judgment occurs when an adverse party claims you failed to respond to a lawsuit in time, often after collection agencies, landlords, or lenders rely on questionable or unnoticed service. In California, civil procedure rules provide specific legal remedies to vacate that judgment and reopen your defense on the merits. Because strict statutory deadlines apply, you must act decisively before asset seizures, bank levies, or wage garnishments take effect.

Grounds to Vacate Under California Law

In California civil courts, discovering that a judge entered a judgment against you without a trial is overwhelming, but the law provides established avenues to undo it. Under California Code of Civil Procedure (CCP) Section 473(b), the court has discretion to relieve you from a default judgment resulting from your mistake, inadvertence, surprise, or excusable neglect. This motion must be brought within a reasonable time and no later than six months after entry of default or judgment. If an attorney's neglect caused the entry of default, Section 473(b) also provides mandatory relief when supported by an attorney affidavit of fault.

When aggressive plaintiffs or process servers engage in defective or fraudulent delivery—sometimes called 'sewer service'—you have separate protections. Under California Code of Civil Procedure Section 473.5, if service of a summons did not result in actual notice in time to defend the action, you can move to set aside the default judgment within a reasonable time, not exceeding the earlier of two years after entry of judgment or 180 days after written notice of entry. Additionally, under CCP Section 473(d), a judgment that is void on its face due to lack of proper service or personal jurisdiction may be set aside at any time.

Why Plaintiffs Rely on Default Judgments

Banks, debt buyers, and commercial landlords routinely rely on defaults as a strategy to bypass proving their claims. They count on defendants being confused, intimidated, or unaware of proceedings until a sheriff serves a wage garnishment or levies a bank account.

California public policy strongly favors resolving disputes on their actual merits rather than by procedural forfeiture. When you present a coherent explanation for the delay and attach a viable defense, California judges are legally directed to resolve doubts in favor of granting relief and giving you your day in court.

How to Prepare Your Motion and Protect Your Rights

Setting aside a judgment requires formal motion practice in the Superior Court where the case was filed. You must prepare a Notice of Motion and Motion to Set Aside Default Judgment, a Memorandum of Points and Authorities citing the relevant CCP statutes, and a sworn Declaration detailing the facts that prevented your timely response. Crucially, under CCP Section 473(b) and Section 473.5, you must also attach a copy of your proposed Answer or other responsive pleading; failing to attach this document is a fatal procedural error.

If the opposing party is actively executing on the judgment, you may also need an emergency ex parte application to stay enforcement while your motion is pending. You do not have to navigate this procedural pressure alone. You can use Caunsel to research this, save documents in a case, or talk to an independent lawyer.

Steps

• Obtain the complete case file from the California Superior Court clerk, including the complaint, Proof of Service of Summons, and the Request for Entry of Default.
• Examine the Proof of Service to determine whether you were improperly served under CCP § 473.5 or § 473(d), or if you fall under the six-month excusable neglect window of CCP § 473(b).
• Draft your formal Notice of Motion, Memorandum of Points and Authorities, and a sworn Declaration under penalty of perjury detailing the specific facts justifying relief.
• Prepare your proposed responsive pleading (such as an Answer) and attach it directly to your motion as required by statute.
• File your motion with the court, pay the filing fee or submit an application for an Initial Fee Waiver (Form FW-001), serve copies on the opposing party or their counsel, and attend the scheduled hearing.

Common mistakes

• Waiting to file until wages are garnished or accounts are frozen, causing you to blow past the jurisdictional six-month deadline under CCP § 473(b).
• Failing to attach a copy of your proposed Answer or responsive pleading to your motion papers, which is an express statutory requirement.
• Claiming you simply forgot or lacked time to respond; California courts hold that mere forgetfulness does not qualify as excusable neglect.
• Assuming that filing a motion automatically pauses enforcement, leaving your bank account vulnerable unless you affirmatively seek a stay of execution.

Questions people ask

What is the deadline to file a motion to set aside a default judgment in California?

Under CCP § 473(b), you must file within a reasonable time not to exceed six months from the entry of default or default judgment. Under CCP § 473.5, if you lacked actual notice of the lawsuit, your deadline is the earlier of 180 days after written notice of entry of judgment or two years after entry of judgment.

What qualifies as excusable neglect under California law?

Excusable neglect is an oversight or error that a reasonably prudent person might make under similar circumstances, such as serious illness, genuine confusion caused by opposing counsel's representations, or sudden family emergencies. Neglecting to open mail or intentionally ignoring court summons does not qualify.

Does filing a motion to set aside automatically stop wage garnishments or bank levies?

No. Filing a motion does not automatically stay enforcement. If an enforcement writ has been issued, you typically must file an Ex Parte Application for an Order Staying Enforcement of Judgment pending the hearing on your motion.

General information only, last updated 2026-11-02. Caunsel is not a law firm and does not practise law. AI answers and this guide are not legal advice. Verify filings, deadlines, and statutes with a licensed lawyer in California, United States.