Default judgment in California: how to set it aside

Missed the deadline? Here is how to ask the court to cancel the default.

Checked against official sources: Oct 24, 2026.

Short answer

A default judgment means the court decided against you because you didn't answer. Motion to set aside (vacate) the default or default judgment. For mistake, surprise or excusable neglect: within a reasonable time, no later than 6 months after the default or judgment, with your proposed Answer attached.

Shortest time to ask
6 months (Mistake, surprise or excusable neglect (CCP 473(b)))
Time to answer
30 days

How a default happens in California

If you do not file a response within 30 days, the plaintiff can ask the clerk to enter your default (form CIV-100) and then ask for a default judgment. After a default, you cannot file an Answer, and the court can decide the case without you. A judgment can lead to wage garnishment, a bank levy and a lien on your property.

Asking the court to undo a default in California

Motion to set aside (vacate) the default or default judgment. For mistake, surprise or excusable neglect: within a reasonable time, no later than 6 months after the default or judgment, with your proposed Answer attached. If you never actually learned of the case in time: within the earlier of 2 years after the default judgment or 180 days after you were served with written notice of it. In a debt buyer case: the earlier of 6 years after the default or default judgment or 180 days after you first actually learned of the case; for identity theft or mistaken identity, within 180 days of first notice. The court can also set aside a void judgment, for example one entered without proper service. From January 1, 2027, a motion to vacate a default judgment that is void for lack of proper service can be brought at any time.

Law: Cal. Code Civ. Proc. § 473(b); Cal. Code Civ. Proc. § 473.5; Cal. Civ. Code § 1788.61; Cal. Code Civ. Proc. § 473(d); Cal. Code Civ. Proc. § 473(e), added by AB 747; Cal. Code Civ. Proc. §§ 412.20(a)(4), 473, 473.5; Cal. Civ. Code § 1788.61

Count your deadline to set aside a default

The date is counted in your browser.

The court's name is at the top of the judgment.

An estimate from our state data, not legal advice. Court holidays and local rules can change a deadline. File early, and ask the court clerk if you are not sure.

Interest and how long it lasts in California

Interest after the judgment

10% a year in general. For judgments entered (or renewed) on or after January 1, 2023, the rate is 5% a year on a personal (consumer) debt judgment under $50,000, such as a credit card or car loan debt, and on a medical debt judgment under $200,000.

How long it lasts

10 years from entry. The creditor can renew it for another 10 years by filing before it runs out. A personal debt judgment under $50,000 or a medical debt judgment under $200,000 can be renewed only once, and only for 5 years.

Law: Cal. Code Civ. Proc. §§ 685.010, 683.020, 683.110, 683.120, 683.130

After a judgment in California

Military service and defaults

Before the court gives the plaintiff a default judgment, the plaintiff must file a sworn statement saying whether you are in military service.

Law: 50 U.S.C. 3931(b)(1)

Your next steps in California

  1. Get the judgment papers

    Ask the clerk for a copy of the judgment and note the date on it.

  2. Mind the time limit

    California's rule: Motion to set aside (vacate) the default or default judgment. For mistake, surprise or excusable neglect: within a reasonable time, no later than 6 months after the default or judgment, with your proposed Answer attached.

  3. Explain why and show a defense

    Most courts want to know why you didn't answer and what your defense is. Attach your answer if the court asks.

  4. Know what can be taken

    Read After a judgment in California.

Where to get free help in California

Questions about default judgments in California

How long do I have to answer a debt lawsuit in California?

30 days after you are served with the summons and complaint. If the papers were left with someone else and mailed to you, service is complete 10 days after the mailing, and the 30 days start then.

Can the plaintiff win by default in California?

If you do not file a response within 30 days, the plaintiff can ask the clerk to enter your default (form CIV-100) and then ask for a default judgment. After a default, you cannot file an Answer, and the court can decide the case without you. A judgment can lead to wage garnishment, a bank levy and a lien on your property.

How long do I have to undo a default in California?

Motion to set aside (vacate) the default or default judgment. For mistake, surprise or excusable neglect: within a reasonable time, no later than 6 months after the default or judgment, with your proposed Answer attached. If you never actually learned of the case in time: within the earlier of 2 years after the default judgment or 180 days after you were served with written notice of it. In a debt buyer case: the earlier of 6 years after the default or default judgment or 180 days after you first actually learned of the case; for identity theft or mistaken identity, within 180 days of first notice. The court can also set aside a void judgment, for example one entered without proper service. From January 1, 2027, a motion to vacate a default judgment that is void for lack of proper service can be brought at any time.

Keep reading about California

Sources

Sources

Last checked: Oct 24, 2026.

Federal sources