California Default Judgment Attorney | Motions to Vacate Defaults and Default Judgments

Few litigation events are more alarming than discovering that a default judgment has been entered against you. In many cases, defendants do not learn about a lawsuit until wages are garnished, bank accounts are levied, liens are recorded, or collection efforts begin.

Fortunately, California law provides several avenues for setting aside defaults and default judgments. Whether relief is available depends upon the circumstances of the case, the manner in which service was attempted, the contents of the complaint, and the amount of time that has passed since entry of default or judgment.

Decker Law represents individuals, professionals, and businesses throughout California in motions to vacate defaults and default judgments, post-judgment proceedings, writ petitions, and appeals.

What Is a Default Judgment?

A default occurs when a defendant fails to timely respond to a complaint after being served with a summons and complaint.

Once default is entered, the defendant generally loses the right to participate in the litigation unless the default is later set aside.

The plaintiff may then seek a default judgment, which can result in substantial consequences, including:

• Monetary damages;

• Attorney's fees and costs;

• Wage garnishments;

• Bank levies;

• Judgment liens;

• Property liens;

• Enforcement proceedings;

• Damage to personal or business credit.

California courts, however, recognize a strong policy favoring decisions on the merits whenever reasonably possible.

Relief Under Code of Civil Procedure Section 473(b)

One of the most common mechanisms for obtaining relief is Code of Civil Procedure section 473(b).

Section 473(b) permits courts to set aside a default or default judgment entered as a result of:

• Mistake;

• Inadvertence;

• Surprise; or

• Excusable neglect.

To obtain relief, the moving party generally must demonstrate that a reasonably prudent person might have made the same error under similar circumstances.

Examples include:

• Miscalendaring deadlines;

• Clerical errors;

• Reliance on incorrect information;

• Failure to receive documents because of address issues;

• Attorney error; or

• Other excusable circumstances.

A motion under section 473(b) ordinarily must be filed within six months after entry of default or judgment.

California courts often construe the statute liberally because the law strongly favors deciding cases on their merits.

Relief Under Code of Civil Procedure Section 473.5

Sometimes a defendant was technically served but never actually learned about the lawsuit.

Code of Civil Procedure section 473.5 provides relief when service did not result in actual notice in time to defend the action.

Examples may include:

• Service at a former residence;

• Service on another household member;

• Mail forwarding issues;

• Publication service;

• Temporary absence from the residence.

A motion under section 473.5 generally must be brought within the earlier of:

• Two years after entry of judgment; or

• 180 days after receiving written notice of entry of judgment.

The moving party must demonstrate that the lack of notice was not caused by inexcusable avoidance of service or inexcusable neglect.

Vacating Void Judgments Under Code of Civil Procedure Section 473(d)

Property division disputes frequently continue after entry of a divorce judgment, particularly when community real estate remains jointly owned for a period of time.

This decision highlights the importance of maintaining accurate accounting records when refinancing, managing, or selling community property after separation. Even relatively small accounting errors can significantly affect the ultimate distribution of sale proceeds.

The opinion also demonstrates that appellate courts will closely scrutinize financial calculations underlying post-judgment property division orders and will reverse when those calculations are not supported by substantial evidence.

Some judgments are not merely erroneous—they are void.

Code of Civil Procedure section 473(d) permits courts to vacate judgments entered without jurisdiction.

Defective Service of Process

A court cannot exercise personal jurisdiction over a defendant who was never properly served.

Examples include:

• Improper substituted service;

• Defective publication service;

• Service at the wrong address;

• Failure to comply with statutory service requirements;

• Service on unauthorized individuals.

Judgments Exceeding the Complaint

Under Code of Civil Procedure section 580, a default judgment generally cannot exceed the relief demanded in the complaint.

California courts strictly enforce this rule because defendants are entitled to know the extent of their potential exposure before deciding whether to participate in the litigation.

Examples include:

• Damages awards exceeding the complaint;

• Punitive damages entered without a proper statement of damages;

• Attorney fee awards unsupported by the pleadings.

Because void judgments implicate due process concerns, courts may vacate them long after they were entered.

In appropriate cases, relief may remain available many years later.

Challenging Service by Publication

Service by publication is considered an extraordinary remedy.

Before publication may be authorized, a plaintiff generally must establish:

• Reasonable diligence in attempting personal service;

• The existence of a valid cause of action;

• Compliance with statutory publication procedures.

Courts closely scrutinize publication service because it frequently fails to provide actual notice.

Judgments obtained through defective publication procedures may be vulnerable to attack years after entry.

Equitable Relief From Default Judgments

Even when statutory remedies are unavailable, California courts possess limited equitable authority to vacate judgments obtained through:

• Extrinsic fraud; or

• Extrinsic mistake.

To obtain equitable relief, a party generally must demonstrate:

• A meritorious defense;

• A satisfactory excuse for failing to appear; and

• Diligence in seeking relief once the judgment is discovered.

Equitable relief is typically reserved for unusual situations where fairness requires intervention.

Can a Default Judgment Be Vacated Years Later?

Sometimes.

Whether relief remains available depends largely upon the legal basis asserted.

• Code of Civil Procedure Section 473(b)

  • Generally six months from entry of default or judgment.

• Code of Civil Procedure Section 473.5

  • Generally two years from judgment or 180 days after receiving notice.

• Code of Civil Procedure Section 473(d)

  • No fixed statutory deadline applies to truly void judgments, although courts expect parties to act reasonably once they become aware of the judgment.

• Equitable Relief

  • Availability depends heavily on the facts and the diligence exercised by the moving party.

What Happens If Relief Is Granted?

If the court grants relief:

• The default may be vacated;

• The default judgment may be vacated;

• The defendant may be permitted to file a response;

• The litigation may return to active status.

In some situations, courts vacate only the judgment while leaving the default intact.

Each case depends upon the specific grounds asserted and the nature of the defect.

Why Experienced Counsel Matters: Decker Law's Demonstrated Experience Vacating Default Judgments

Default judgment proceedings often involve highly technical procedural issues.

Questions concerning service of process, jurisdiction, statutory deadlines, and due process protections can significantly impact whether relief is available.

An attorney experienced in post-judgment proceedings can evaluate:

• Whether service was valid;

• Whether the complaint provided sufficient notice;

• Whether statutory deadlines remain open;

• Whether equitable relief may be available;

• Whether appellate remedies exist.

Over the years, Decker Law has successfully represented clients seeking relief from default judgments entered without proper notice, jurisdiction, or compliance with California procedural requirements.

Representative results include:

• $416,000 Default Judgment Vacated

  • Decker Law successfully vacated a default judgment exceeding $416,000 after demonstrating that the complaint failed to provide adequate notice of the damages sought, in violation of Code of Civil Procedure section 580. The judgment included a $250,000 punitive damages award, which the court found improper because the required statutory notice had not been provided.

• $109,000 Default Judgment Set Aside

  • Decker Law obtained relief from a six-figure judgment after demonstrating defective service through a commercial mail receiving agency and establishing that the judgment exceeded the damages properly demanded in the complaint.

• Twelve-Year-Old Default Judgment Vacated

  • Decker Law successfully obtained relief from a judgment that had remained in place for more than a decade by establishing that the judgment was void because the defendant had never been properly served.

While every case is unique and past results do not guarantee future outcomes, these matters illustrate the variety of circumstances in which California courts may grant relief from defaults and default judgments. To view more of our firm’s case results, please click here.

Contact Decker Law

Decker Law represents clients throughout California in family law appeals, property division appeals, post-judgment enforcement proceedings, and other complex appellate matters. If you are considering an appeal involving community property, real estate division, or a family court accounting dispute, contact Decker Law to discuss your appellate options.