California, United States · civil

How to Set Aside a Default Judgment in California

Discovering that a debt collector, landlord, or opposing party obtained a default judgment against you in California is alarming, but state law provides explicit remedies to vacate it. California public policy strongly disfavors default judgments and favors resolving civil disputes on their substantive merits. To reclaim your day in court, you must act swiftly before strict statutory filing windows expire.

Understanding Default Judgments Under California Law

In California civil courts, a plaintiff can request an entry of default under California Code of Civil Procedure (CCP) § 585 if a defendant fails to file a formal responsive pleading—such as an Answer or Demurrer—within 30 calendar days of being served with a summons and complaint. Once default is entered, you lose the right to participate in the lawsuit, and the court clerk or judge enters a default judgment authorizing wage garnishments, bank levies, or property liens against you.

Opposing parties frequently secure default judgments unfairly, relying on faulty substitute service, 'sewer service' where papers were never delivered, or clerical oversights. Fortunately, California appellate courts have repeatedly established that the law disfavors default judgments and doubts must be resolved in favor of the party seeking relief so cases can be decided on their merits. However, the court will not undo a judgment on sympathy alone; you must bring a formal motion citing recognized statutory grounds.

Legal Grounds and Deadlines: CCP § 473(b), § 473.5, and Void Judgments

Your path to vacating a default judgment depends on why you failed to defend yourself. Under CCP § 473(b), you can request discretionary relief based on mistake, inadvertence, surprise, or excusable neglect. This motion must be made within a 'reasonable time,' with an absolute statutory maximum of six months from the entry of default or default judgment. If the default was caused by your attorney's mistake or neglect, CCP § 473(b) also provides mandatory relief if supported by an attorney affidavit of fault filed within the same six-month window.

If you were never actually served or service of summons did not give you timely notice to defend, CCP § 473.5 allows you to set aside the default. Under this section, you must file within a reasonable time not exceeding the earlier of two years after entry of the default judgment or 180 days after service of written notice of entry of judgment.

Finally, under CCP § 473(d), a court may set aside any judgment that is void on its face at any time, such as where the record reveals the court lacked personal jurisdiction or the plaintiff completely failed to comply with statutory service requirements. If all statutory deadlines have passed, your only recourse is an equitable motion based on extrinsic fraud or extrinsic mistake, which requires proving intentional deception or extraordinary circumstances beyond your control that prevented you from mounting a defense.

Preparing Your Motion and Next Steps with Caunsel

Setting aside a default judgment requires formal motion practice in the California Superior Court where the judgment was entered. Your filing must include a Notice of Motion, a Memorandum of Points and Authorities explaining the governing law, and a sworn declaration signed under penalty of perjury detailing the specific facts showing lack of service or excusable neglect. Critically, both CCP § 473(b) and § 473.5 mandate that you attach a copy of your proposed Answer or other responsive pleading to the motion; failing to attach your proposed response is a fatal procedural defect.

Because an active default judgment permits the creditor or plaintiff to continue executing levies, you may also need to file an ex parte application requesting a temporary stay of enforcement pending the hearing on your motion. You do not have to navigate these complex civil procedures alone. You can use Caunsel to research California procedural rules, organize and store your court records in a dedicated case file, or connect with an independent California civil litigation attorney to review your papers. Please note that Caunsel is not a law firm, does not provide legal representation, and will not file motions or court documents on your behalf.

Steps

• Obtain the complete case docket, proof of service (Form POS-010), and entry of judgment from the California Superior Court clerk.
• Examine the proof of service to identify whether you were purportedly served by personal delivery, substitute service, or publication.
• Select your statutory basis for relief under California Code of Civil Procedure § 473(b), § 473.5, or § 473(d).
• Draft your Notice of Motion, Memorandum of Points and Authorities, and sworn factual declaration detailing why you failed to timely answer.
• Prepare your proposed responsive pleading (such as an Answer or Demurrer) and attach it as an exhibit to your motion as required by law.
• File your motion with the court, pay the filing fee or submit a fee waiver application (Form FW-001), reserve a hearing date, and serve the moving papers on all parties.

Common mistakes

• Waiting until your bank account is frozen or wages are garnished before acting, causing you to miss the strict six-month deadline under CCP § 473(b).
• Failing to attach a copy of your proposed Answer or responsive pleading to your motion to set aside, violating the express requirements of CCP § 473(b) and § 473.5.
• Filing an unsworn letter or basic request instead of a formal noticed motion with supporting declarations made under penalty of perjury.
• Assuming the motion automatically freezes ongoing collections without filing an ex parte application for a stay of execution.

Questions people ask

What is the difference between relief under CCP § 473(b) and CCP § 473.5?

CCP § 473(b) applies when you had notice of the lawsuit but failed to respond due to excusable mistake, inadvertence, or surprise, subject to a strict six-month deadline. CCP § 473.5 applies specifically when service of summons failed to give you actual notice of the lawsuit in time to defend, giving you up to 180 days from written notice of judgment or two years from judgment entry, whichever is earlier.

Can I stop a bank levy or wage garnishment while my motion to set aside is pending?

Filing a motion to vacate does not automatically pause enforcement. To halt garnishment or bank levies immediately, you must file an emergency ex parte application asking the judge to issue a temporary stay of execution pending the hearing on your motion.

What happens after the California court grants my motion to set aside?

Once the judge grants the motion, the default and default judgment are vacated, any ongoing enforcement is canceled, and your attached proposed Answer is deemed filed. The litigation resumes, giving you the opportunity to conduct discovery, present defenses, and resolve the matter on its merits.

Can a default judgment be set aside after two years in California?

Yes, but options are narrow. You must establish that the judgment is void on the face of the record under CCP § 473(d) (such as complete absence of jurisdictional service) or petition the court through an independent equitable action based on extrinsic fraud or extrinsic mistake.

General information only, last updated 2026-11-08. 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.