How to File a Motion to Vacate in Small Claims Court

Table of Contents

1. What Is a Motion to Vacate in Small Claims Court?

A motion to vacate is a formal request to the court to set aside or overturn a judgment that has been entered. It allows a party to challenge the judgment due to specific legal reasons, such as:

Failing to appear at the hearing (default judgment).
Lack of proper notification of the lawsuit.
Errors or irregularities in the court process.

2. When Should You File a Motion to Vacate?

1. Default Judgment

If you failed to attend the hearing and the court issued a default judgment against you, you can file a motion to vacate, provided you have a valid reason for your absence (e.g., illness, lack of notice).

2. Lack of Proper Notification

If you were not properly served with the lawsuit papers, you might request the court to vacate the judgment.

3. Mistakes or Errors in the Judgment

Clerical mistakes or legal errors in the judgment can justify a motion to vacate.

3. Time Limits for Filing a Motion to Vacate

The deadline to file a motion to vacate depends on the jurisdiction:

California: 30 days after the default judgment is entered.
New York: 1 year for default judgments; shorter deadlines may apply in other cases.
Florida: 10 days to file a motion for rehearing; other time limits vary.

Check with your local small claims court for specific deadlines.

4. Steps to File a Motion to Vacate

Step 1: Obtain the Necessary Form

Request the Motion to Vacate Judgment form from your local court or download it from the court’s website.
Example: California’s Form SC-135.

Step 2: Complete the Form

Include the following information:
- Case number and judgment details.
- Reasons for requesting the judgment to be vacated.
- Evidence supporting your claim (e.g., proof of improper service).
- Your contact details.

Step 3: File the Motion

Submit the completed motion form to the court clerk.
Pay the required filing fee (typically $20–$100). If you cannot afford the fee, apply for a fee waiver.

Step 4: Serve the Motion

Serve a copy of the motion to the opposing party. This can be done via certified mail or through a process server.
File a Proof of Service with the court.

Step 5: Attend the Hearing

The court will schedule a hearing to review your motion.
Present your reasons clearly and provide any supporting evidence.

5. What Happens After Filing a Motion to Vacate?

Granted: If the motion is approved, the judgment is vacated, and a new hearing is scheduled.
Denied: If the motion is denied, the original judgment remains in effect.

6. Tips for Filing a Successful Motion to Vacate

Act Quickly: File the motion as soon as you discover the judgment or the reason for your motion.
Provide Evidence: Submit documents or records that support your claim (e.g., proof of illness, lack of service).
Be Clear and Concise: Clearly explain why the judgment should be vacated.
Consult an Attorney: Seek legal advice if you are unsure about the process or have a complex case.

7. Frequently Asked Questions

Q1: Can I file a motion to vacate if I disagree with the judgment?
No, disagreement with the judgment is not a valid reason. Consider appealing the decision instead.

Q2: What if my motion is denied?
If denied, you may explore other options, such as filing an appeal (if applicable).

Q3: Do I need to attend the motion hearing?
Yes, attending the hearing is essential to present your arguments and evidence.

8. Conclusion

A motion to vacate in small claims court provides an opportunity to challenge a judgment for valid reasons such as lack of notice or procedural errors. By filing promptly and providing strong evidence, you can increase your chances of having the judgment reconsidered.

Martin taggart