How to File a Motion to Vacate a Small Claims Judgment
- 1). Go to the court clerk's office in the county courthouse that held your court case.
- 2). Complete a Motion/Notice to Vacate Judgment; this notice is available online in some counties. Enter the full names, address and contact information of both parties, the case number and the reason the judgment should be dismissed against you. If you don't have the case number and information for the other party, the court clerk can assist you and look up the information.
- 3). File the Motion/Notice to Vacate Judgment with the court clerk. Some courts require that this notice be filed no more than 30 days from the date the court clerk mailed you the notice of the decided judgment. In California, for example, you are allowed a total of 180 days from the date you discovered the judgment, if you were served properly. Check with your court for specific time limitations.
- 4). Pay the filing fee. Fee varies per county and are collected when the notice is filed.
- 5). Appear in court. Be sure to bring any evidence, including a witness, to prove why the judgment should be vacated. You must go before the judge again and explain the reason why the judgment should be dismissed. If the judge vacates the judgment you could have a new hearing immediately, or a date is set for a future hearing. If the judge doesn't vacate the judgment, you will have to pay the original judgment.
Source...