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Small claims motion to vacate or cancel judgment. Filing question.

Burbank, CA |

SC-135 is the form to move to vacate a judgment in small claims. My question is: Must I, as defendant, attach a proof of service? The last section of the document has a section titled "clerk's certificate of mailing". Does this mean i just fill out the form and file it with the court, and the court will notify the required parties?

I have attached a link to a copy of the form SC-135.

Thank you

Attorney Answers 3


  1. Best answer

    Complete the form and file it with the court. The court clerk will notify the other party of the filing.

    By posting on this site or answering/responding to questions does not create an attorney-client relationship and is intended to be an opinion only. My opinion is not intended to be a guarantee or promise of any outcome or result in your matter.


  2. If unsure contact the clerk's office for advice.


  3. Small claims court offers free advice services by phone. Check the court website.

    David A. Mallen offers answers on Avvo for general information only. This offer of free, general answers is not intended to create an attorney-client relationship. If you need specific advice regarding your legal question, you should consult an attorney confidentially. Many experienced California labor and employment attorneys, including David A. Mallen offer no-risk legal consultations to employers and employees at no charge. David A. Mallen is licensed to practice law before all state and federal courts in California, as well as the California Labor Commissioner and the California Unemployment Insurance Appeals Board. Failure to take legal action within the time periods prescribed by law could result in the loss of important legal rights and remedies.

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