If you are unable to pay the filing fee, you may apply to the court to have the fees waived.
Use the form called Notice of Filing Notice of Appeal (SC-140) to appeal the denial of your Motion. You have 10 days to appeal the decision from the date the clerk mailed the notice of the court’s decision. If your motion is denied, you have the right to appeal this decision. If you are the defendant and you did not go to court, you can ask the court to "vacate" (cancel) the judgment if the court ordered a judgment in favor of the plaintiff. DEFENDANT’S APPEAL OF THE DENIAL OF THE MOTION TO VACATE JUDGMENT: If this happens, you have the right to appeal this decision (see next section). If the judge decides you did not have "good cause" for not going to the hearing, he or she will deny your motion.
#Motion to set aside default judgment trial
Or, the judge may schedule another date for the trial if the plaintiff is not present. If all of the parties are present, you may have the trial right away, therefore you should also bring your evidence and witnesses. If the judge decides you had good cause, the judgment will be canceled and you will get a new trial. The plaintiff can go to court to oppose your Motion. At the hearing, the judge will decide if you had "good cause" for not going to the hearing. The clerk will schedule a hearing for your Motion and mail a copy to the parties. This means that you do not have to pay the judgment while the Motion is pending. The plaintiff cannot enforce the judgment until the Motion is heard. File your documents at the court where the case was filed. Use the form called Notice of Motion to Vacate Judgment and Declaration (SC -135) to say why you did not go to court or why you were not properly served. Exception: If you were not properly served with the Plaintiff’s Claim, you have 180 days to file. You have 30 days to file your motion from the date the clerk mails you the Notice of Entry of Judgment (SC -130). What to Do If You Did Not Go to Court - Defendant DEFENDANT’S MOTION TO VACATE THE JUDGMENT: If the defendant has not paid, the plaintiff can start proceedings to enforce the judgment. If an Appeal or Motion is not filed in 30 days, it will be final. This section will explain the procedure to file an Appeal or Motion to Vacate the Judgment. File a Motion to Vacate the Judgment if they did not appear at the trial.File an Appeal if they appeared at the trial.The plaintiff cannot enforce the judgment for 30 days from the date the Notice of Entry of Judgment was mailed by the clerk to the parties. If you do not receive a Notice you should contact the clerk by either visiting or writing to the Small Claims Clerk at the courthouse where your trial was held STAY OF ENFORCEMENT OF JUDGMENT: If the judge took the case "under submission" it can take several weeks to receive the Notice. If the judge ruled on the case at the time of your trial, you should receive the Notice of Entry of Judgment in the mail within 2 weeks after your trial.
Exception: If you are the defendant and you did not go to court because you were not properly served with the Plaintiff’s Claim, you have 180 days to file a motion to vacate the judgment. You have only 30 days from this date to file a motion to vacate the judgment or appeal the judge’s decision. This form also tells you about your rights and lists the date the form was mailed to you. The Notice of Entry of Judgment (SC-130) is a court form that states the judge’s decision. Receiving the Judge’s Decision NOTICE OF ENTRY OF JUDGMENT:
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