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IS THE SC-135 FORM IN CALIFORNIA ALL I NEED TO FILE FOR VACATING A DEFAULT JUDGMENT?

South Pasadena, CA |
Filed under: Civil motions

I was told I needed to file a declaration, with an answer or repsonse to the original complaint in addition to a motion to set aside and vacate default judgment. Is the SC-135 form alll I need to file if it is a limited civil action? Are there other forms needed to be filed or is this sufficient?

Attorney Answers 3

Posted

Yes, if this is a small claims court judgment (and not a limited jurisdiction superior court judgment).

Keep in mind that you must file this motion no later than 30 days from the date the court clerk mailed you the Notice of Entry of Judgment.

Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This Avvo.com posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.

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Posted

This form is only for small claims cases.

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5 comments

Asker

Posted

Right. This is a small claims case. So the SC-135 by itself will suffice?

Malosack Berjis

Malosack Berjis

Posted

Your post says "...it is a limited civil case..."

Asker

Posted

I apologize for my mistake. I was under the impression they were the same ($10.000 and under being small claims/limited civil) )but as you point out I am wrong. I do thank you for both the correction and prompt reply to my post.

Malosack Berjis

Malosack Berjis

Posted

Based on the information provided on the California Court website, it looks like that's the only form you'd need to file. (See http://www.courts.ca.gov/12726.htm

Asker

Posted

AGAIN, Thank You.

Posted

A motion to set aside a default judgment, with a supporting declaration, will be required in a limited civil action. The form you are referring to is a small claims form.

Nothing in this response is intended as a legal consultation or advice on your particular case, and is provided only as a general statement of information, and only with respect to California law. No attorney-client relationship is created and no contract for legal services is formed as a result of this posting or other postings before or after this posting. Various limitation periods, deadlines and cut-offs also may apply. You should therefore seek private consultation from an attorney regarding the merits of your case and the deadlines involved in your matter. Since this is a public forum, this posting is not confidential.

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